International Convention For The Protection Of All Persons From The Disappearance

Original Language Title: Internationales Übereinkommen zum Schutz aller Personen vor dem Verschwindenlassen

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997392/internationales-bereinkommen-zum-schutz-aller-personen-vor-dem-verschwindenlassen.html

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International Convention for the protection of all persons from the disappearance

 

[Equipment see Convention in German (translation)]

[Equipment see Convention in English]

 

The instrument of ratification signed by the Federal President and countersigned by the Federal Chancellor was deposited on 7 June 2012 with the Secretary-General of the United Nations; the Convention enters thus in force in accordance with article 39 para 2 for Austria on July 7, 2012.

On the occasion of the deposit of its instrument of ratification the Republic of Austria has made the following statements:

Declaration by the Republic of Austria pursuant to article 31 of the International Convention for the protection of all persons from enforced disappearance

Pursuant to article 31 of the Convention, the Republic of Austria recognizes the competence of the Committee on enforced disappearance to receive and consider communications from or on subject to its behalf of individuals patrolman claiming to be victims of a violation of provisions of this Convention by Austria.

Declaration by the Republic of Austria pursuant to article 32 of the International Convention for the protection of all persons from enforced disappearance

Pursuant to article 32 of the Convention, the Republic of Austria recognizes the competence of the Committee on enforced disappearance to receive and consider communications in which a State party claims that another State party is not fulfilling its obligations under the Convention.

(Translation)

Declaration of the Republic of Austria in accordance with article 31 of the International Convention for the protection of all persons from the disappearance

In accordance with article 31 of the Convention, the Republic of Austria recognises the competence of the Committee on disappearance to the receipt and inspection of messages to be individual people or individual on behalf of persons who are subject to its jurisdiction and which assert, victims of a violation of this Convention by Austria.

Declaration of the Republic of Austria pursuant to article 32 of the International Convention for the protection of all persons from the disappearance

In accordance with article 32 of the Convention, the Republic of Austria that a Contracting State jurisdiction of the Committee on disappearance asserts to the receiving and inspection of messages, in which acknowledges an other Contracting State can't keep up with its obligations under the Convention.

 

After release of the Secretary-General of the United Nations, following more States have ratified the Convention or acceded to this:

Albania, Argentina, Armenia, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Chile, Costa Rica, Germany, Ecuador, France, Gabon, Honduras, Iraq, Japan, Kazakhstan, Cuba, Mali, Mexico, Montenegro, Netherlands (for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustasius and Saba)), Nigeria, Panama, Paraguay, Zambia, Senegal, Serbia, Spain, Tunisia, Uruguay.

 

On the occasion of the deposit of the instrument of ratification, following States have declared following reservations or made declarations:

 

Germany:

To article 16:

A return ban exists only if there is a concrete risk of involuntary disappearance for the person concerned.

To article 17, paragraph 2 lit. q:

German law guarantees that a detention is only lawful if it has been ordered by a court or exceptionally subsequently approved. Article 104 para 2 of the Basic Law (GG), provides explicitly: "on the admissibility and continuation of detention has to decide only the judge. Any detention of a non-judicial order based a judicial decision to bring about is without delay." A provisional arrest for suspicion of a criminal act is carried out the person is 104 article "no later than on the day of the arrest to demonstrate para 3 of the basic law the judge".

Case, arbitrarily detained a person in contravention of article 104 of the basic law, anyone can bring a court decision leading to the release of the by the locally competent court is requested to release the arrested person immediately. Was held acceptable period also to the person who according to the basic law, so the Court has analog section 128, paragraph 2, sentence 1 StPO (code of criminal procedure) to arrange the release.

To article 17 paragraph 3:

With an accommodation of sick people by a supervisor or agent you are lit. a to h information required the Court known, approved accommodation. The Court may, after lit. a information to h at any time determine the maintainer or agent, which then will file contents. These are regarded as acts within the meaning of article 17 paragraph 3.

To article 18:

According to the German law on information from the court documents claim for all persons who can demonstrate a legitimate interest. You are allowed under German law to protect of the interests of the person concerned or restrictions provided for securing of criminal proceedings paragraph 1 of the Convention pursuant to article 20.

To article 24 paragraph 4:

It is made clear that through the proposed restitution and compensation scheme not the principle of State immunity is overridden.

Cuba:

In accordance with article 42, paragraph 2 explains the Republic of Cuba hereby, that she not committed considers Court to refer their disputes to the international, as provided for in paragraph 1 of the same article.

 

The following States have submitted further explanations regarding the recognition of the competence of the Committee in accordance with articles 31 and 32 of the Convention:

Albania, Argentina, Belgium, Chile, Germany, Ecuador, France, Japan (only article 32), Mali, Montenegro, Netherlands (part of European and Caribbean part), Serbia, Spain, Uruguay.

Faymann