<\/p>\n
Article I<\/p>\n
The States Parties to this Convention undertake:
\na. Not to practice, permit, or tolerate the forced disappearance of persons, even in states of emergency or suspension of individual guarantees;
\nb. To punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories;
\nc. To cooperate with one another in helping to prevent, punish, and eliminate the forced disappearance of persons;
\nd. To take legislative, administrative, judicial, and any other measures necessary to comply with the commitments undertaken in this Convention.<\/p>\n
Article II<\/p>\n
For the purposes of this Convention, forced disappearance is considered to be the act of depriving a person or persons of his or their freedom, in whatever way, perpetrated by agents of the state or by persons or groups of persons acting with the authorization, support, or acquiescence of the state, followed by an absence of information or a refusal to acknowledge that deprivation of freedom or to give information on the whereabouts of that person, thereby impeding his or her recourse to the applicable legal remedies and procedural guarantees.<\/p>\n
Article III<\/p>\n
The States Parties undertake to adopt, in accordance with their constitutional procedures, the legislative measures that may be needed to define the forced disappearance of persons as an offense and to impose an appropriate punishment commensurate with its extreme gravity. This offense shall be deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined.
\nThe States Parties may establish mitigating circumstances for persons who have participated in acts constituting forced disappearance when they help to cause the victim to reappear alive or provide information that sheds light on the forced disappearance of a person.<\/p>\n
Article IV<\/p>\n
The acts constituting the forced disappearance of persons shall be considered offenses in every State Party. Consequently, each State Party shall take measures to establish its jurisdiction over such cases in the following instances:
\na. When the forced disappearance of persons or any act constituting such offense was committed within its jurisdiction;
\nb. When the accused is a national of that state;
\nc .When the victim is a national of that state and that state sees fit to do so.
\nEvery State Party shall, moreover, take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within its territory and it does not proceed to extradite him.
\nThis Convention does not authorize any State Party to undertake, in the territory of another State Party, the exercise of jurisdiction or the performance of functions that are placed within the exclusive purview of the authorities of that other Party by its domestic law.<\/p>\n
Article V<\/p>\n
The forced disappearance of persons shall not be considered a political offense for purposes of extradition.
\nThe forced disappearance of persons shall be deemed to be included among the extraditable offenses in every extradition treaty entered into between States Parties.
\nThe States Parties undertake to include the offense of forced disappearance as one which is extraditable in every extradition treaty to be concluded between them in the future.
\nEvery State Party that makes extradition conditional on the existence of a treaty and receives a request for extradition from another State Party with which it has no extradition treaty may consider this Convention as the necessary legal basis for extradition with respect to the offense of forced disappearance.
\nStates Parties which do not make extradition conditional on the existence of a treaty shall recognize such offense as extraditable, subject to the conditions imposed by the law of the requested state.
\nExtradition shall be subject to the provisions set forth in the constitution and other laws of the request state.<\/p>\n
Article VI<\/p>\n
When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the offense had been committed within its jurisdiction, for the purposes of investigation and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the state that has requested the extradition.<\/p>\n
Article VII<\/p>\n
Criminal prosecution for the forced disappearance of persons and the penalty judicially imposed on its perpetrator shall not be subject to statutes of limitations.
\nHowever, if there should be a norm of a fundamental character preventing application of the stipulation contained in the previous paragraph, the period of limitation shall be equal to that which applies to the gravest crime in the domestic laws of the corresponding State Party.<\/p>\n
Article VIII<\/p>\n
The defense of due obedience to superior orders or instructions that stipulate, authorize, or encourage forced disappearance shall not be admitted. All persons who receive such orders have the right and duty not to obey them. Article IX<\/p>\n Persons alleged to be responsible for the acts constituting the offense of forced disappearance of persons may be tried only in the competent jurisdictions of ordinary law in each state, to the exclusion of all other special jurisdictions, particularly military jurisdictions. Article X<\/p>\n In no case may exceptional circumstances such as a state of war, the threat of war, internal political instability, or any other public emergency be invoked to justify the forced disappearance of persons. In such cases, the right to expeditious and effective judicial procedures and recourse shall be retained as a means of determining the whereabouts or state of health of a person who has been deprived of freedom, or of identifying the official who ordered or carried out such deprivation of freedom. Article XI<\/p>\n Every person deprived of liberty shall be held in an officially recognized place of detention and be brought before a competent judicial authority without delay, in accordance with applicable domestic law. Article XII<\/p>\n The States Parties shall give each other mutual assistance in the search for, identification, location, and return of minors who have been removed to another state or detained therein as a consequence of the forced disappearance of their parents or guardians.<\/p>\n Article XIII<\/p>\n For the purposes of this Convention, the processing of petitions or communications presented to the Inter-American Commission on Human Rights alleging the forced disappearance of persons shall be subject to the procedures established in the American Convention on Human Rights<\/a> and to the Statue and Regulations of the Inter-American Commission on Human Rights and to the Statute and Rules of Procedure of the Inter-American Court of Human Rights, including the provisions on precautionary measures.<\/p>\n Article XIV<\/p>\n Without prejudice to the provisions of the preceding article, when the Inter-American Commission on Human Rights receives a petition or communication regarding an alleged forced disappearance, its Executive Secretariat shall urgently and confidentially address the respective government, and shall request that government to provide as soon as possible information as to the whereabouts of the allegedly disappeared person together with any other information it considers pertinent, and such request shall be without prejudice as to the admissibility of the petition.<\/p>\n Article XV<\/p>\n None of the provisions of this Convention shall be interpreted as limiting other bilateral or multilateral Treaties<\/a> or other agreements signed by the Parties. Article XVI<\/p>\n This Convention is open for signature by the member states of the Organization of American States.<\/p>\n Article XVII<\/p>\n This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.<\/p>\n Article XVIII<\/p>\n This Convention shall be open to accession by any other state. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.<\/p>\n Article XIX<\/p>\n The states may express reservations with respect to this Convention when adopting, signing, ratifying or acceding to it, unless such reservations are incompatible with the object and purpose of the Convention and as long as they refer to one or more specific provisions.<\/p>\n Article XX<\/p>\n This Convention shall enter into force for the ratifying states on the thirtieth day from the date of deposit of the second instrument of ratification. Article XXI<\/p>\n This Convention shall remain in force indefinitely, buy may be denounced by any State Party. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. The Convention shall cease to be in effect for the denouncing state and shall remain in force for the other States Parties one year from the date of deposit of the instrument of denunciation.<\/p>\n Article XXII<\/p>\n The original instrument of this Convention, the Spanish, English, Portuguese, and French texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward certified copies thereof to the United Nations Secretariat<\/a> , for registration and publication, in accordance with Article 102 of the Charter of the United Nations<\/a> . The General Secretariat of the Organization of American States shall notify member states of the Organization and states acceding to the Convention of the signatures and deposit of instruments of ratification, accession or denunciation, as well as of any reservations that may be expressed.<\/p>\n Author: international<\/b><\/p>\n<\/p>\n American Convention on Human Rights<\/a>, Charter of the United Nations<\/a>, Education<\/a>, Geneva Conventions<\/a>, Human Rights conventions<\/a>, International Conventions from 1991<\/a>, International criminal law: Crimes against Humanity<\/a>, Treaties<\/a>, United Nations Secretariat<\/a>. <\/p>\n","protected":false},"excerpt":{"rendered":" Inter-American Convention on Forced Disappearance of Persons Article I The States Parties to this Convention undertake: a. Not to practice, permit, or tolerate the forced disappearance of persons, even in states of emergency or suspension of individual guarantees; b. To punish within their jurisdictions, those persons who commit or attempt to commit the crime […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[101,124,5],"tags":[125],"_links":{"self":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts\/5203"}],"collection":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/comments?post=5203"}],"version-history":[{"count":0,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts\/5203\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/media?parent=5203"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/categories?post=5203"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/tags?post=5203"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nThe States Parties shall ensure that the training of public law-enforcement personnel or officials includes the necessary Education<\/a> on the offense of forced disappearance of persons.<\/p>\n
\nThe acts constituting forced disappearance shall not be deemed to have been committed in the course of military duties.
\nPrivileges, immunities, or special dispensations shall not be admitted in such trials, without prejudice to the provisions set forth in the Vienna Convention on Diplomatic Relations<\/a> .<\/p>\n
\nIn pursuing such procedures or recourse, and in keeping with applicable domestic law, the competent judicial authorities shall have free and immediate access to all detention centers and to each of their units, and to all places where there is reason to believe the disappeared person might be found including places that are subject to military jurisdiction.<\/p>\n
\nThe States Parties shall establish and maintain official up-to-date registries of their detainees and, in accordance with their domestic law, shall make them available to relatives, judges, attorneys, any other person having a legitimate interest, and other authorities.<\/p>\n
\nThis Convention shall not apply to the international armed conflicts governed by the 1949 Geneva Conventions<\/a> and its Protocol concerning protection of wounded, sick, and shipwrecked members of the armed forces; and prisoners of war and civilians in time of war.<\/p>\n
\nFor each state ratifying or acceding to the Convention after the second instrument of ratification has been deposited, the Convention shall enter into force on the thirtieth day from the date on which that state deposited its instrument of ratification or accession.<\/p>\nConclusion<\/h3>\n<\/div>\n
Notes<\/h3>\n<\/div>\n
See Also<\/h3>\n<\/div>\n
References and Further Reading<\/h3>\n<\/div>\n
About the Author\/s and Reviewer\/s<\/h3>\n<\/div>\n
Mentioned in these Entries<\/h3>\n