INTERNATIONAL CONVENTIONS

Law 26.298

Approve the International Convention for the Protection of Persons from Enforced Disappearance, adopted by the United Nations General Assembly on 20 December 2006.

Sanctioned: November 14 of 2007

Promulgated: November 28, 2007

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress, etc.

sanction with force of

Law:

ARTICLE 1 Approve INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS AGAINST DISAPPEARANCE FORZADAS, adopted by the United Nations General Assembly in New York UNIDOESTADOS UNIDO de AMERICA. on 20 December 2006, which consists of CUARENTA and CINCO (45) articles, whose authenticated photocopy, in Spanish, is part of this Law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DIAS DEL MES DE NOVIEMBRE DEL YEAR DOS MIL SIETE.

# 26,298 EL

ALBERTO BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

(IV.16)

INTERNATIONAL CONVENTION

PROTECTION OF ALL PERSONS AGAINST

FORCEED DISAPPEARANCES

INTERNATIONAL PROTECTION CONVENTION

OF ALL PERSONS AGAINST

FORCEED DISAPPEARANCES

Preamble

The States Parties to this Convention,

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,

Bearing in mind the Universal Declaration of Human Rights,

Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the other relevant international instruments on human rights, humanitarian law and international criminal law,

Recalling also the Declaration on the Protection of All Persons from Enforced Disappearance, adopted by the General Assembly of the United Nations in its resolution 47/133 of 18 December 1992,

Aware of the extreme gravity of enforced disappearance, which constitutes an offence and, in certain circumstances defined by international law, a crime against humanity,

Decided to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance,

Bearing in mind the right of everyone not to be subjected to enforced disappearance and the right of victims to justice and reparation,

Affirming the right to know the truth about the circumstances of enforced disappearance and the fate of the disappeared person, as well as respect for the right to freedom to seek, receive and impart information to this end,

Have agreed in the following articles:

FIRST PART

Article 1

1. No one shall be subjected to enforced disappearance.

2. In no case may exceptional circumstances such as a state of war or threat of war, internal political instability or any other public emergency be invoked as justification for enforced disappearance.

Article 2

For the purposes of this Convention, "forced disappearance" means arrest, detention, abduction or any other form of deprivation of liberty which is the work of agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by the refusal to recognize such deprivation of liberty or the concealment of the fate or whereabouts of the disappeared person, subtracting it to the protection of the law.

Article 3

States Parties shall take appropriate measures to investigate the conduct defined in article 2 which is the work of individuals or groups of persons, acting without the authorization, support or acquiescence of the State, and to prosecute those responsible.

Article 4

Each State Party shall take the necessary measures to ensure that enforced disappearance is criminalized in its criminal legislation.

Article 5

The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and entails the consequences of applicable international law.

Article 6

1. States Parties shall take the necessary measures to consider criminally responsible at least:

(a) Any person who commits, orders, or induces the commission of an enforced disappearance, attempts to commit it, is accomplice or participates in it;

(b) The higher than:

(i) He has been aware that the subordinates under their effective authority and control were committing or intending to commit an offence of enforced disappearance, or have consciously ignored information that clearly indicated it;

ii) Has exercised its effective responsibility and control over the activities with which the crime of enforced disappearance was related; and

iii) It has not taken all necessary and reasonable measures within its scope to prevent or suppress enforced disappearance, or to bring the facts to the attention of the competent authorities for the purpose of its investigation and prosecution;

(c) Subparagraph (b) supra is without prejudice to the strictest rules of international law in the area of responsibility required of a military commander or who acts effectively as a military commander.

2. No order or instruction of a public authority, whether civil, military or otherwise, may be invoked to justify an offence of enforced disappearance.

Article 7

1. States Parties shall consider the offence of enforced disappearance punishable by appropriate penalties, taking into account its extreme gravity.

2. States Parties may establish:

(a) Attenuating circumstances, particularly for those who, having been involved in the commission of an enforced disappearance, have effectively contributed to the re-emergence of the disappeared person or have allowed the clarification of cases of enforced disappearance or the identification of those responsible for an enforced disappearance;

(b) Without prejudice to other criminal procedures, aggravating circumstances, especially in the event of the death of the disappeared person, or for those guilty of the enforced disappearance of pregnant women, minors, persons with disabilities or other particularly vulnerable persons.

Article 8

Without prejudice to article 5,

1. Each State Party applying a statute of limitations to enforced disappearance shall take the necessary measures to ensure that the period of limitation of criminal proceedings:

(a) Be prolonged and proportionate to the extreme gravity of this crime;

(b) It is counted from the time the enforced disappearance ceases, given the continuing nature of this offence.

2. The State party shall guarantee victims of enforced disappearance the right to an effective remedy during the statute of limitations.

Article 9

1. Each State Party shall provide whatever it takes to institute its jurisdiction over the offences of enforced disappearance in the following cases:

(a) Where offences are committed in any territory under its jurisdiction or on board an aircraft or vessel registered in that State;

(b) Where the alleged offender is a national of that State;

(c) When the disappeared person is a national of that State and it deems it appropriate.

2. Each State Party shall also take the necessary measures to establish its jurisdiction over the offences of enforced disappearance in cases where the alleged perpetrator is in any territory under its jurisdiction, unless he is extradited or handed over to another State in accordance with its international obligations, or transferred to an international criminal jurisdiction whose jurisdiction he has recognized.

3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with national laws.

Article 10

1. Each State Party in whose territory a person is presumed to have committed an offence of enforced disappearance, if, after examining the information available to it, it considers that the circumstances justify it, it shall proceed to the arrest of the person or take other legal measures necessary to ensure his presence. Detention and other measures shall be carried out in accordance with the laws of that State and shall be maintained only for the period necessary to ensure its presence in the context of a criminal, surrender or extradition procedure.

2. A State Party which has taken the measures provided for in paragraph 1 of this article shall immediately proceed to a preliminary investigation or investigation of the facts. It shall inform the States Parties referred to in article 9, paragraph 1, of the measures taken pursuant to paragraph 1 of this article, in particular on the arrest and the circumstances justifying it, and of the conclusions of its preliminary investigation or inquiry, by indicating whether it intends to exercise its jurisdiction.

3. The person detained in accordance with paragraph 1 of this article may immediately contact the relevant representative of the State of his or her nationality closest to him or, if it is a stateless person, the representative of the State in which he or she habitually resides.

Article 11

1. The State party in the territory of whose jurisdiction the person of whom it is assumed to have committed an offence of enforced disappearance, if it is not extradited, or surrendered to another State in accordance with its international obligations, or transfer to an international criminal instance whose jurisdiction it has recognized, shall bring the case to its competent authorities for the exercise of criminal proceedings.

2. Such authorities shall make their decision in the same conditions as those applicable to any common crime of a serious nature, in accordance with the law of that State. In cases provided for in article 9, paragraph 2, the level of evidence required for prosecution or prosecution shall in no way be less strict than that applied in cases provided for in article 9, paragraph 1.

3. Any person investigated in connection with an offence of enforced disappearance shall be guaranteed fair treatment at all stages of the proceedings. Any person prosecuted for an offence of enforced disappearance shall enjoy judicial guarantees before a competent, independent and impartial court or tribunal of justice established by law.

Article 12

1. Each State Party shall ensure that any person alleged to have been subjected to enforced disappearance has the right to report the facts to the competent authorities, who shall promptly and impartially examine the complaint and, where appropriate, shall promptly proceed to conduct a thorough and impartial investigation. Appropriate measures shall be taken, if any, to ensure the protection of the complainant, the witnesses, the delegates of the disappeared person and their defenders, as well as those involved in the investigation, against any ill-treatment or intimidation on the basis of the complaint or any statement made.

2. Where there are reasonable grounds to believe that a person has been subjected to enforced disappearance, the authorities referred to in paragraph 1 shall initiate an investigation, even if no formal complaint has been filed.

3. States Parties shall ensure that the authorities referred to in paragraph 1 of this article:

(a) Provide the necessary powers and resources for the effective conduct of the investigation, including access to and other relevant information for the documentation;

(b) Please have access, upon judicial authorization if necessary issued as soon as possible, to any place of detention and any other place where there are reasonable grounds to believe that the disappeared person may be found.

4. Each State Party shall take the necessary measures to prevent and punish acts that impede the development of investigations. In particular, they should ensure that persons alleged to have committed an offence of enforced disappearance are not in a position to influence the course of investigations, exerting pressures and acts of intimidation or reprisals on the complainant, witnesses, the relatives of the disappeared person and their defenders, as well as those involved in the investigation.

Article 13

1. For the purpose of extradition between States parties, the offence of enforced disappearance shall not be regarded as a political offence, an offence related to a political offence or an offence inspired by political motives. Accordingly, a request for extradition based on such an offence may not be rejected for this sole reason.

2. The offence of enforced disappearance shall be fully covered by the offences which give rise to extradition in any extradition treaty between States Parties prior to the entry into force of this Convention.

3. The States Parties undertake to include the offence of enforced disappearance among extraditable offences in any extradition treaty that they subsequently conclude.

4. Each State Party which subordinates extradition to the existence of a treaty, if it receives an extradition request from another State Party with which it has no treaty, may consider this Convention as the legal basis for extradition in respect of the offence of enforced disappearance.

5. States Parties that do not extradite the existence of a treaty shall recognize the offence of enforced disappearance as extraditable among themselves.

6. Extradition shall be subject, in all cases, to the conditions provided for by the law of the requested State Party or the applicable extradition treaties, including, in particular, the conditions relating to the minimum penalty required for extradition and the reasons for which the requested State Party may refuse extradition or subject it to certain conditions.

7. No provision of this Convention should be construed to oblige the requested State party to extradite if it has serious reasons to believe that the request has been submitted for the purpose of prosecuting or punishing a person for reasons of sex, race, religion, nationality, ethnic origin, political views or membership of a particular social group, or if, in accepting the request, this person would be harmed for any of these reasons.

Article 14

1. States Parties shall provide all possible judicial assistance in respect of any criminal procedure relating to an offence of enforced disappearance, including the provision of all necessary evidence for the proceedings before it.

2. The legal aid shall be subject to the conditions provided for in the domestic law of the requested State Party or the applicable judicial cooperation treaties, including, in particular, the reasons why the requested State Party may refuse such assistance or subject it to certain conditions.

Article 15

States Parties shall cooperate with each other and provide all possible assistance to assist victims of Disappearance forced, as well as in the search, location and release of disappeared persons and, in the event of death, in exhumation, the identification of disappeared persons and the restitution of their remains.

Article 16

1. No State Party shall expel, return, surrender or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to enforced disappearance.

2. In order to determine whether such reasons exist, the competent authorities shall take into account all relevant considerations, including, where appropriate, the existence, in the State concerned, of a picture of gross, flagrant or mass systematic violations of human rights or serious violations of international humanitarian law.

Article 17

1. No one will be held in secret.

2. Without prejudice to other international obligations of the State party in respect of deprivation of liberty, each State Party, in its legislation:

(a) Establish conditions under which detention orders may be issued;

(b) Determine authorities empowered to order deprivation of liberty;

(c) Ensure that all persons deprived of their liberty are held only in places of deprivation of liberty officially recognized and controlled freedom;

(d) Ensure that any person deprived of liberty is authorized to communicate with his or her family, counsel or any other person of his or her choice and to receive his or her visit, with the sole reservation of the conditions established by law, and in the case of an alien, to communicate with his or her consular authorities, in accordance with applicable international law;

(e) Ensure access to places of deprivation of liberty by law to any competent authority and institution, if necessary with the prior authorization of a judicial authority;

(f) Any person deprived of liberty shall, in any circumstances, be guaranteed and, in the event of suspicion of enforced disappearance, for the person deprived of his liberty in the inability to exercise this right, to any person with a legitimate interest, such as the persons who are deprived of liberty, his or her representative or counsel, the right to appeal to a court to determine without delay the legality of deprivation of liberty and to order release if such deprivation of liberty is unlawful.

3. Each State Party shall ensure the establishment and maintenance of one or more official records and/or updated records of persons deprived of their liberty, which shall be promptly made available to any judicial authority or other competent authority or institution in accordance with national legislation or any relevant international legal instrument to which the State is a party. That information will contain at least:

(a) The identity of the person deprived of liberty;

(b) On the day, the time and place where the person was deprived of liberty and the authority that the deprivation of liberty proceeded;

(c) The authority that decided the deprivation of liberty and the reasons thereof;

(d) The authority controlling deprivation of liberty;

(e) The place of deprivation of liberty, the day and the time of admission to the place and the authority responsible for the place;

(f) The elements relating to the physical integrity of the person deprived of liberty;

(g) In the event of death during deprivation of liberty, the circumstances and causes of death and the fate of the remains of the deceased person;

(h) The day and time of release or transfer to another place of detention, the destination and the transfer authority.

Article 18

1. Without prejudice to articles 19 and 20, each State Party shall guarantee to any person with a legitimate interest in such information, such as those of the persons who are deprived of their liberty, their representative or counsel, access to at least the following information:

(a) The authority that decided the deprivation of liberty;

(b) The date, time and place where the person was deprived of liberty and admitted to a place of deprivation of liberty;

(c) The authority controlling deprivation of liberty;

(d) The place where the person is deprived of liberty and, in case of transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;

(e) The date, time and place of liberation;

(f) The 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 fate of the remains.

2. Appropriate measures shall be taken, as appropriate, to ensure the protection of persons referred to in paragraph 1 of this article, as well as those involved in the investigation, against any ill-treatment, intimidation or punishment on the basis of the search for information on a person deprived of liberty.

Article 19

1. Personal information, including medical or genetic data, which are collected and/or transmitted in the framework of the search for a disappeared person cannot be used or disclosed for purposes other than that search. This is without prejudice to the use of such information in criminal proceedings concerning an offence of enforced disappearance, or in exercise of the right to obtain redress.

2. The collection, treatment, use and preservation of personal information, including medical or genetic data, should not infringe or have the effect of violating human rights; fundamental freedoms and the dignity of the person.

Article 20

1. Only In the event that a person is under the protection of the law and deprivation of liberty is under judicial control, the right to information provided for in article 18 may be limited, only on an exceptional basis, where strictly necessary under restrictions provided for by law, and if the transmission of information impairs the privacy or security of the person or the course of a criminal investigation, or for other equivalent reasons provided for by law, and in accordance with international law. In no case shall limitations be allowed to the right to information provided for in article 18 that may constitute conduct defined in article 2 or violations of article 17, paragraph 1.

2. Without prejudice to the consideration of the legality of a deprivation of liberty, the State party shall guarantee to persons referred to in article 18, paragraph 1, the right to a prompt and effective judicial remedy to obtain without delay the information provided for in that provision. Such a right to a remedy may not be suspended or limited under any circumstances.

Article 21

Each State Party shall take the necessary measures to ensure the release of a person in accordance with modalities to ensure that it has been effectively released. States Parties shall also take the necessary measures to ensure the physical integrity and full exercise of their rights to persons at the time they are released, without prejudice to their obligations under national legislation.

Article 22

Without prejudice to article 6, each State Party shall take the necessary measures to prevent and sanction the following practices:

(a) The delays or obstruction of the remedies provided for in article 17, paragraph 2 (f) and article 20, paragraph 2;

(b) Failure to register any deprivation of liberty, as well as registration of information whose inaccuracy the official registration officer or official records knew or should have known;

(c) The refusal to provide information on deprivation of liberty or the provision of inaccurate information, when the conditions laid down by law are met to provide such information.

Rule 23

1. Each State Party shall ensure that the training of military or civilian law enforcement personnel, medical personnel, officials and other persons who may intervene in the custody or treatment of persons deprived of their liberty, includes the necessary education and information on the relevant provisions of this Convention, in order to:

(a) Preventing the participation of such agents in enforced disappearances;

(b) To highlight the importance of prevention and investigations into enforced disappearances;

(c) Ensure that the urgent resolution of cases of enforced disappearance is recognized.

2. Each State Party shall prohibit orders or instructions that provide, authorize or encourage enforced disappearances. Each State Party shall ensure that the person who refuses to obey an order of this nature is not punished.

3. Each State Party shall take the necessary measures to inform its superiors when the persons referred to in paragraph 1 of this article have reason to believe that an enforced disappearance has occurred or is about to occur, and, where necessary, the competent authorities or bodies of control or review.

Article 24

1. For the purposes of this Convention, the disappeared person and any natural person who has suffered a direct injury as a result of an enforced disappearance shall be deemed "victim".

2. Each victim has the right to know the truth about the circumstances of enforced disappearance, the evolution 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 all appropriate measures for the search, tracing and release of missing persons and, in the event of death, for the search, respect and restitution of their remains.

4. States Parties shall ensure that their legal system guarantees the victim of enforced disappearance the right to reparation and to prompt, fair and adequate compensation.

5. The right to reparation referred to in paragraph 4 of this article includes all material and moral damage and, where appropriate, other forms of reparation such as:

(a) Restitution;

(b) Rehabilitation;

(c) Satisfaction, including the restoration of dignity and reputation;

(d) The guarantees of non-repetition.

6. Without prejudice to the obligation to continue with the investigation until the fate of the disappeared person is established, each State Party shall take appropriate measures in relation to the legal situation of the disappeared persons whose fate has not been clarified and their relatives, in such areas as social protection, economic issues, family law and property rights.

7. Each State Party shall guarantee the right to freely form and participate in organizations and associations which aim to contribute to the establishment of the circumstances of enforced disappearance and the fate of disappeared persons, as well as assistance to victims of enforced disappearance.

Article 25

1. States Parties shall take the necessary measures to prevent and punish criminally:

(a) Appropriation of children subjected to enforced disappearance, or of children whose father, mother or legal representative are subjected to enforced disappearance, or of children born during the captivity of their mother subjected to enforced disappearance;

(b) Forgery, concealment or destruction of documents that prove the true identity of children referred to in subparagraph (a) supra.

2. States Parties shall take the necessary measures to seek and identify children referred to in paragraph 1 (a) of this article and to restore them to their families of origin in accordance with the applicable legal procedures and international agreements.

3. States Parties shall provide mutual assistance in the search, identification and tracing of children referred to in paragraph 1 (a) of this article.

4. Taking into account the need to preserve the best interests of children referred to in paragraph 1 (a) of this article and their right to preserve and recover their identity, including nationality, name and family relations recognized by law, must exist in States parties that recognize the adoption system or other form of placement or placement, legal procedures aimed at reviewing the adoption or placement procedure of such children and, where appropriate, annulling any adoption or placement.

5. In all circumstances and, in particular, for all that relates to this article, the best interests of the child shall constitute a primary consideration and the child with the ability to discern shall have the right to freely express his or her opinion, which shall be duly valued in accordance with his or her age and maturity.

SECOND PART

Article 26

1. For the implementation of the provisions of this Convention, a Committee against Enforced Disappearance (hereinafter referred to as the "Committee") shall be constituted composed of ten experts of high moral integrity, recognized competence in the field of human rights, independent, who shall exercise their functions in their personal capacity and act with complete impartiality. The members of the Committee shall be elected by States parties taking into account equitable geographical distribution. The interest of participation in the work of the Committee of persons with relevant legal experience and balanced gender representation will be taken into account.

2. The election shall be made by secret ballot of a list of candidates nominated by States Parties among their own nationals, at biennial meetings of States Parties convened for this purpose by the Secretary-General of the United Nations. At these meetings, for which two thirds of the States Parties shall form, the candidates who obtain the highest number of votes and the absolute majority of the votes of the representatives of the States Parties present and voting shall be considered elected.

3. The initial election shall be held no later than six months after the date of entry into force of this Convention. Four months before the date of each election, the Secretary-General of the United Nations shall direct a letter to States Parties inviting them to submit their nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all candidates nominated in this manner, indicating, for each of them, the State party which has submitted it. This list shall be communicated to all States Parties.

4. The members of the Committee shall be elected for four years. They can be re-elected once. However, the term of office of five of the members elected at the first election shall expire after two years; immediately after the first election, the chair of the meeting referred to in paragraph 2 of this article shall by lot designate the names of those five members.

5. If a member of the Committee dies or resigns or for any other reason cannot continue to perform his or her functions in the Committee, the State Party which submitted its candidature shall, taking into account the criteria set out in paragraph 1 of this article, propose to another candidate, among its own nationals, to perform his or her functions during the remaining term of office, subject to the approval of the majority of the States Parties. Such approval shall be deemed to be granted unless half or more of the States Parties respond negatively within six weeks from the time the Secretary-General of the United Nations communicates to them the proposed candidature.

6. The Committee shall establish its rules of procedure.

7. The Secretary-General of the United Nations will provide the necessary personnel and material resources for the effective performance of the functions of the Committee. The Secretary-General of the United Nations shall convene the first meeting of the Committee.

8. Members of the Committee shall have the right to facilities, privileges and immunities recognized to experts on mission to the United Nations, in accordance with the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

9. States Parties undertake to cooperate with the Committee and to assist its members in the exercise of its mandate, within the functions of the Committee accepted by those States parties.

Article 27

A Conference of the States Parties shall meet not later than four years and not later than six years, after the entry into force of this Convention, to evaluate the functioning of the Committee and to decide, in accordance with the modalities provided for in article 44, paragraph 2, whether it is appropriate to entrust to another instance . excluding any possibility, with the powers provided for in articles 28 to 36, the monitoring of the implementation of this Convention.

Rule 28

1. In the context of its competence under this Convention, the Committee shall cooperate with all appropriate United Nations bodies, offices, specialized agencies and funds, treaty committees established under international instruments, United Nations special procedures, appropriate regional intergovernmental organizations or institutions, as well as with all relevant national institutions, agencies and offices that seek to protect all persons from enforced disappearance.

2. Within the framework of its functions, the Committee will consult with other treaty committees established by the relevant human rights instruments, in particular the Human Rights Committee established by the International Covenant on Civil and Political Rights, with a view to ensuring the coherence of its respective observations and recommendations.

Rule 29

1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a report on measures taken to fulfil its obligations under this Convention within two years of the entry into force of the Convention in the State Party concerned.

2. The Secretary-General of the United Nations shall make the reports available to all States parties.

3. Each report shall be considered by the Committee, which may make such comments, observations or recommendations as it deems appropriate. The State party concerned shall be informed of such comments, observations or recommendations, to which it may respond, on its own initiative or at the request of the Committee.

4. The Committee may also request additional information from States parties on the implementation of this Convention.

Article 30

1. The Committee may consider, as a matter of urgency, any petition submitted by the persons of a disappeared person, their legal representatives, their lawyers or persons authorized by them, as well as anyone who has a legitimate interest, to seek and locate a disappeared person.

2. If the Committee considers that the request to act urgently under paragraph 1 of this article:

(a) It is not manifestly grounded;

(b) It is not an abuse of the right to submit such requests;

(c) It has been submitted previously and in the manner appropriate to the competent organs of the State party concerned, such as the authorities responsible for conducting investigations, where such a possibility exists;

(d) It is not incompatible with the provisions of this Convention; and

(e) It is not being dealt with in another international instance of examination or settlement of the same nature; it shall request the State party concerned to provide, within the time period specified by the Committee, information on the situation of such person.

3. In the light of the information provided by the State party concerned in accordance with paragraph 2 of this article, the Committee may transmit its recommendations to the State party and include a request that it take all necessary measures, including precautionary measures, to locate and protect the person in accordance with this Convention, and may request that it report to the Committee, as soon as it determines, on the measures taken, taking into account the urgency of the situation. The Committee shall inform the person who submitted the request for urgent action on its recommendations and information transmitted by the State party when available.

4. The Committee will continue its efforts to cooperate with the State party while the fate of the disappeared person has not been clarified. The Committee shall keep the author informed of the request.

Rule 31

1. Each State Party may, at the time of ratification or subsequent to ratification, declare that it recognizes the competence of the Committee to receive and consider communications from or on behalf of persons under its jurisdiction who claim to be a victim of violations by this State party of the provisions of this Convention. The Committee shall not admit any communication concerning a State party that has not made such a declaration.

2. The Committee shall declare any communication inadmissible if:

(a) It's anonymous;

(b) It constitutes an abuse of the right to submit such communications or is incompatible with the provisions of this Convention;

(c) The same question is being dealt with in another international instance of examination or settlement of the same nature; or

(d) Actual available domestic remedies have not been exhausted. This rule does not apply if recourse procedures exceed reasonable time.

3. If the Committee considers that the communication responds to the conditions set out in paragraph 2 of this article, it shall transmit it to the State party concerned and request it to provide, within a time limit to be set by the Committee, its observations and comments.

4. At any time after receiving a communication and before reaching a decision on the merits, the Committee may direct the State party concerned, for the purpose of its urgent review, to request that it take the necessary precautionary measures to avoid possible irreparable damage to the victim or victims of the alleged violation. The exercise of this power by the Committee does not imply any judgement on the admissibility or on the merits of the communication.

5. The Committee will hold its meetings in private when it examines the communications provided for in this article. The Committee shall inform the author of the communication of the replies provided by the State party concerned. When the Committee decides to terminate the proceedings, it shall communicate its Views to the State party and to the author of the communication.

Rule 32

Each State Party to this Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications in which a State Party alleges that another State Party does not comply with the obligations under this Convention. The Committee shall not admit any communication concerning a State party that has not made such a declaration, nor a communication submitted by a State party that has not made such a declaration.

Rule 33

1. If the Committee receives reliable information revealing serious violations of the provisions of this Convention by a State Party, it may, after consultation with that State, request one or more of its members to undertake a visit to the Convention and report thereon without delay.

2. The Committee shall inform the State party concerned in writing of its intention to undertake a visit, noting the composition of the delegation and the object of the visit. The State party shall reply within a reasonable time.

3. Upon a motivated request from the State party, the Committee may decide to postpone or cancel the visit.

4. If the State party agrees to the visit, the Committee and the State party concerned shall cooperate to define the modalities of the visit and the State party shall provide all necessary facilities for its development.

5. The Committee shall inform the State party concerned of its observations and recommendations as a result of the visit.

Rule 34

If the Committee receives information that, in its view, contains well-founded indications that enforced disappearance is widely or systematically practised in the territory under the jurisdiction of a State party, and after having requested of the State party concerned may, as a matter of urgency, bring the matter to the consideration of the General Assembly of the United Nations through the Secretary-General of the United Nations.

Rule 35

1. The Committee ' s competence extends only to enforced disappearances that have been initiated after the date of entry into force of this Convention.

2. If a State becomes a party to this Convention after its entry into force, its obligations with respect to the Committee shall be extended only to enforced disappearances which have begun after the entry into force of the Convention for that State.

Article 36

1. The Committee shall submit an annual report on its activities under this Convention to the States Parties and the General Assembly of the United Nations.

2. The publication in the annual report of an observation relating to a State party should be previously announced to that State, which shall have a reasonable time of reply and may request the publication of its comments or observations in the report.

THIRD PART

Rule 37

Nothing in this Convention will affect provisions that are more conducive to the protection of all persons from enforced disappearances that may be included in:

(a) The right of a State party; or

(b) Current international law a That State.

Rule 38

1. This Convention shall be open for signature by all States Members of the United Nations.

2. This Convention shall be subject to ratification by all States Members of the United Nations. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Convention shall be open to the accession of all States Members of the United Nations. Accession shall be made through the deposit of an instrument of accession with the Secretary-General of the United Nations.

Rule 39

1. This Convention shall enter into force on the thirtieth day from the date of deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations.

2. For each State ratifying or acceding to this Convention after the deposit of the twentieth instrument of ratification or accession, this Convention shall enter into force on the thirtieth day from the date on which that State deposited its instrument of ratification or accession.

Article 40

The Secretary-General of the United Nations shall communicate to all States Members of the United Nations and to all States that have signed or acceded to this Convention:

(a) Signatures, ratifications and accessions received under article 38;

(b) The date of entry into force of this Convention under article 39.

Rule 41

The provisions of this Convention shall apply to all parties constituting federal States, without limitation or exception.

Rule 42

1. Any dispute arising between two or more States parties with respect to the interpretation or application of this Convention, which is not resolved by negotiation or through the procedures expressly provided for in this Convention, shall be subject to arbitration at the request of one of the States concerned. If, within six months of the date of submission of the request for arbitration, the parties fail to agree on the organization of the request, any party may submit the dispute to the International Court of Justice, through a request submitted in accordance with the Statute of the Court.

2. Each State Party, at the time of signature or ratification of or accession to this Convention, may declare that it is not bound by paragraph 1 of this article. The other States Parties shall not be bound by that paragraph before any State Party which has made that declaration.

3. Each State Party which has made the declaration provided for in paragraph 2 of this article may withdraw it at any time notifying the Secretary-General of the United Nations.

Rule 43

This Convention is without prejudice to the provisions of international humanitarian law, including the obligations of the High Contracting Parties to the four Geneva Conventions of 12 August 1949 and to their Additional Protocols of 8 June 1977, or of the possibility that each State party may authorize the International Committee of the Red Cross to visit places of detention in cases not provided for by international humanitarian law.

Rule 44

1. Each State Party to this Convention may propose amendments or deposit them with the Secretary-General of the United Nations. The Secretary-General shall communicate the proposed amendments to the States Parties to the present Convention, requesting them to notify him if they wish to convene a conference of States Parties in order to consider and put them to the vote. If, within four months of the date of communication, at least one third of the States Parties declare themselves in favour of such a call, the Secretary-General shall organize the conference under the auspices of the United Nations.

2. Any amendment adopted by a two-thirds majority of States Parties present and voting at the conference shall be submitted by the Secretary-General to all States Parties for acceptance.

3. An amendment adopted in accordance with paragraph 1 of this article shall enter into force when it has been accepted by a two-thirds majority of the States Parties to this Convention, in accordance with their respective constitutional procedures.

4. When they enter into force, the amendments shall be binding on the States Parties that have accepted them, while the other States Parties shall remain bound by the provisions of this Convention and by the previous amendments they have accepted.

Rule 45

1. The present Convention, whose texts in Arabic, Chinese, English, French, Russian and Spanish are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States referred to in article 38.