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RS 0.103.3 International Convention of 20 December 2006 for the Protection of All Persons from Enforced Disappearance

Original Language Title: RS 0.103.3 Convention internationale du 20 décembre 2006 pour la protection de toutes les personnes contre les disparitions forcées

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0.103.3

Original text

International Convention for the Protection of All Persons from Enforced Disappearance

Concluded in New York on 20 December 2006

Approved by the Federal Assembly on 18 December 2015 1

Instrument of ratification deposited by Switzerland on 2 December 2016

Entry into force for Switzerland on 1 Er January 2017

(State 1 Er January 2017)

The States Parties to this Convention,

Recital The Charter of the United Nations 2 Requires States to promote the universal and effective respect for human rights and fundamental freedoms,

S ' Supporting On the Universal Declaration of Human Rights,

Recalling International Covenant on Economic, Social and Cultural Rights 3 International Covenant on Civil and Political Rights 4 And other relevant international instruments in the fields of human rights, humanitarian law and international criminal law,

Recalling 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,

Conscious The extreme gravity of enforced disappearance, which constitutes a crime and, in certain circumstances defined by international law, a crime against humanity,

Determined To prevent enforced disappearances and combat impunity for the crime of enforced disappearance,

Having present Bearing in mind the right of every person not to be subjected to enforced disappearance and the right of victims to justice and reparation,

Affirming The right of any victim to know the truth about the circumstances of a enforced disappearance and to know the fate of the disappeared person, as well as the right to freedom to collect, receive and disseminate information for that purpose,

Agreed to the following:

First part

Art. 1

1. No one shall be subjected to enforced disappearance.

2. No exceptional circumstances, whether in the case of the state of war or threat of war, internal political instability or any other state of emergency, can be invoked to justify enforced disappearance.

Art. 2

For the purposes of this Convention, enforced disappearance means the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with The authorisation, support or acquiescence of the State, followed by the denial of the recognition of the deprivation of liberty or the concealment of the fate of the disappeared person or of the place where it is located, subtracting it from protection of the law.

Art. 3

Each State Party shall take appropriate measures to investigate the actions defined in Art. 2, which are the work of persons or groups of persons acting without the authorization, support or acquiescence of the State, and to bring those responsible to justice.

Art. 4

Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.

Art. 5

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

Art. 6

(1) Each State Party shall take the necessary measures to hold at least:

(a)
Any person who commits an enforced disappearance, orders or sponsorship, attempts to commit it, is complicit or participates in it;
(b)
The superior who:
(i)
Knew that subordinates under its effective authority and control would commit or would commit a crime of enforced disappearance, or wilfully failed to take into account information that clearly indicated it,
(ii)
Exercised its effective responsibility and control over the activities to which the crime of enforced disappearance was linked, and
(iii)
Failed to take all necessary and reasonable measures in its power to prevent or suppress the commission of an enforced disappearance or to refer it to the competent authorities for the purpose of investigation and prosecution;
(c)
The let. B above is without prejudice to the higher relevant standards of responsibility applicable in international law to a military leader or to a person actually acting as a military leader.

2. No order or instruction emanating from a public, civil, military or other authority can be invoked to justify a crime of enforced disappearance.

Art. 7

1. Each State Party shall make the crime of enforced disappearance punishable by appropriate penalties which take into account its extreme gravity.

2. Any State Party may provide:

(a)
Extenuating circumstances, in particular in favour of those involved in the commission of an enforced disappearance who have contributed effectively to the recovery of the disappeared person or have been able to elucidate cases of enforced disappearance Identify the perpetrators of enforced disappearance;
(b)
Without prejudice to other criminal proceedings, aggravating circumstances, in particular 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 people.
Art. 8

Without prejudice to art. 5,

1. Any State Party which applies a prescription to enforced disappearance shall take the necessary measures to ensure that the time limit for the limitation of criminal proceedings:

(a)
Be of long duration and proportionate to the extreme seriousness of the crime;
(b)
Begins to run when the crime of enforced disappearance ceases, taking into account its continuing character.

(2) Each State Party shall guarantee the right of victims of enforced disappearance to an effective remedy during the limitation period.

Art.

1. Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing a crime of enforced disappearance:

(a)
When the offence has been committed in any territory under its jurisdiction or on board aircraft or ships registered in that State;
(b)
When the alleged offender is one of its nationals;
(c)
When the disappeared person is one of its nationals and that State Party considers it appropriate.

(2) Each State Party shall also take the necessary measures to establish its jurisdiction for the purpose of knowing a crime of enforced disappearance when the alleged offender is located in any territory under its jurisdiction, unless that State The extrade, or gives it to another State in accordance with its international obligations or an international criminal court whose jurisdiction it has recognised.

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

Art. 10

1. If it considers that the circumstances justify it, having examined the information at its disposal, any State Party on whose territory a person suspected of having committed a crime of enforced disappearance shall be held Such person or takes any other legal action necessary to ensure that he or she is present. Such detention and measures shall be in accordance with the law of that State Party; they may only be maintained for the period necessary to ensure that they are present in criminal, surrender or extradition proceedings.

(2) The State Party which has taken the measures referred to in paragraph 1. 1 of this article shall immediately carry out a preliminary inquiry or investigations in order to establish the facts. It shall inform the States Parties referred to in paragraph 1. 1 of the art. 9 of the measures it has taken pursuant to s. 1 of this article, in particular the detention and circumstances which justify it, and the findings of its preliminary inquiry or investigations, indicating whether it intends to exercise its jurisdiction.

3. Any person detained pursuant to s. 1 of this article may immediately communicate with the nearest qualified representative of the State of which it is a national or, if it is a stateless person, with the representative of the State in which the person ordinarily resides.

Art. 11

(1) The State Party in the territory under whose jurisdiction the alleged perpetrator of a crime of enforced disappearance is discovered, if it does not extradite the person, or does not transmit it to another State in accordance with its international obligations or Of the International Criminal Court, whose jurisdiction it has recognised, submits the case to its competent authorities for the exercise of criminal proceedings.

2. These authorities shall take their decision under the same conditions as for any infringement of a common law of a serious nature under the law of that State Party. In the cases referred to in s. 2 of the art. 9, the rules of evidence that apply to prosecution and conviction are in no way less stringent than those that apply in the cases referred to in s. 1 of the article.

3. Any person who is prosecuted in connection with a crime of enforced disappearance shall enjoy the guarantee of fair treatment at all stages of the proceedings. Every person tried for a crime of enforced disappearance shall receive a fair trial before a competent, independent and impartial court or tribunal established by law.

Art. 12

1. Any State Party shall provide to any person alleging that a person has been the victim of enforced disappearance the right to denounce the facts before the competent authorities, which shall promptly and impartially examine the allegation and, where appropriate, Proceed without delay to a thorough and impartial investigation. Appropriate measures shall be taken, where appropriate, to ensure the protection of the complainant, witnesses, relatives of the disappeared person and their defenders, as well as those involved in the investigation against any ill-treatment or Intimidation as a result of the complaint or any evidence submitted.

2. Where there are reasonable grounds to believe that a person has been the victim of enforced disappearance, the authorities referred to in s. 1 of this article opens an inquiry, even if no complaints have been officially filed.

3. Any State Party shall ensure that the authorities referred to in par. 1 of this article:

(a)
Have the necessary powers and resources to carry out the investigation, including access to documentation and other relevant information for their investigation;
(b)
Have access, if necessary with the prior authorisation of a court which decides as soon as possible, to any place of detention and to any other place where there are reasonable grounds to believe that the disappeared person is present.

4. Each State Party shall take the necessary measures to prevent and punish acts which impede the conduct of the investigation. In particular, it ensures that persons suspected of having committed a crime of enforced disappearance are not in a position to influence the course of the investigation by means of pressure or intimidation or reprisals against the complainant, Witnesses, relatives of the disappeared person and their supporters, as well as those involved in the investigation.

Art. 13

For the purposes of extradition between States Parties, the crime of enforced disappearance is not considered to be a political offence, an offence connected with a political offence or an offence inspired by political motives. Accordingly, a request for extradition based on such an offence cannot be refused on this ground alone.

2. The crime of enforced disappearance shall be fully entitled to the number of extraditable offences in any extradition treaty concluded between States Parties before the entry into force of this Convention.

States Parties undertake to include the crime of enforced disappearance in the number of extraditable offences in any extradition treaty to be subsequently concluded between them.

4. Any State Party which subject extradition to the existence of a treaty may, if it receives a request for extradition from another State Party to which it is not bound by a treaty, consider this Convention as the legal basis for extradition As regards the offence of enforced disappearance.

5. States parties that do not make extradition conditional on the existence of a treaty recognize the crime of enforced disappearance as extraditable to each other.

6. Extradition shall, in all cases, be subject to the conditions laid down in the law of the State Party required or by the applicable extradition treaties, including, inter alia, the conditions concerning the minimum penalty required for extradition and extradition. Reasons for which the requested State Party may refuse extradition or subject it to certain conditions.

7. Nothing in this Convention shall be construed as requiring the requested State Party to extradite if there are serious grounds for believing that the application has been made for the purpose of prosecuting or punishing a person in Because of his or her sex, race, religion, nationality, ethnic origin, political opinion or membership of a particular social group, or as a result of such a request would cause harm to that person in respect of Any of these reasons.

Art. 14

States Parties shall afford the widest measure of mutual legal assistance in any criminal proceedings relating to a crime of enforced disappearance, including the communication of all the evidence at their disposal. Are necessary for the purposes of the procedure.

2. Such mutual legal assistance shall be subject to the conditions laid down in the domestic law of the State Party required or by the relevant mutual legal assistance treaties, including, inter alia, the grounds on which the requested State Party may Refuse to grant mutual legal assistance or subject it to conditions.

Art. 15

States Parties shall cooperate with each other and shall afford the widest possible assistance to assist victims of enforced disappearance, as well as in the search, tracing and release of missing persons and, in the event of death, In exhumation, identification of missing persons and the return of their remains.

Art. 16

1. No State Party shall expel, return, surrender or extradite a person to another State if there are serious grounds for believing that the person is at risk of being subjected to enforced disappearance.

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

Art. 17

1. No one shall be held in secret.

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

(a)
Determines the conditions under which orders of deprivation of liberty may be given;
(b)
Designates the authorities empowered to order deprivation of liberty;
(c)
Ensures that any person deprived of liberty will be placed only in officially recognised and controlled places of deprivation of liberty;
(d)
Ensures 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 their visit, subject only to the conditions established by law, and, if To communicate with its consular authorities, in accordance with applicable international law;
(e)
Guarantees access to places of deprivation of liberty of any competent authority and institution empowered by law, if necessary with the prior authorisation of a judicial authority;
(f)
Guarantees to all persons deprived of their liberty and, in the case of suspicion of enforced disappearance, the person deprived of liberty who is unable to exercise the right to exercise it herself, to any person having a legitimate interest, for example the person's relatives Deprived of liberty, their representatives or their lawyers, in all circumstances, the right to bring an action before a court in order for the court to decide promptly on the lawfulness of the deprivation of liberty and order the release if that Deprivation of liberty is illegal.

(3) Each State Party shall ensure the establishment and maintenance of one or more official registers and/or official records of persons deprived of their liberty, which are, upon request, promptly made available to any judicial authority Or any other competent authority or institution empowered by the legislation of the State Party concerned or by any relevant international legal instrument to which the State concerned is a party. The information includes at least:

(a)
The identity of the person deprived of liberty;
(b)
The date, time and place where the person was deprived of liberty and the authority that made the deprivation of liberty;
(c)
The authority having decided the deprivation of liberty and the grounds for the deprivation of liberty;
(d)
The authority controlling the deprivation of liberty;
(e)
The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty;
(f)
The elements relating to the state of health of the person deprived of liberty;
(g)
In the case of death during the deprivation of liberty, the circumstances and causes of death and the destination of the remains of the deceased;
(h)
The date and time of the release or transfer to another place of detention, the destination and the transfer authority.
Art. 18

1. Subject to s. 19 and 20, any State Party shall guarantee to any person having a legitimate interest in such information, for example the relatives of the person deprived of liberty, their representatives or their lawyers, access at least to the following information:

(a)
The authority having decided the deprivation of liberty;
(b)
The date, time and place of the deprivation of liberty and admission to the place of deprivation of liberty;
(c)
The authority controlling the deprivation of liberty;
(d)
The place where the person deprived of liberty is located, including, in the case of a transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;
(e)
The date, time and place of release;
(f)
The elements relating to the state of health of the person deprived of liberty;
(g)
In the case of death during the deprivation of liberty, the circumstances and causes of death and the destination of the remains of the deceased person.

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

Art. 19

1. Personal information, including medical or genetic data, which is collected and/or transmitted in the course of the search for a disappeared person, may not be used or made available for purposes other than that of The search for the missing person. This is without prejudice to the use of this information in criminal proceedings concerning a crime of enforced disappearance and the exercise of the right to obtain redress.

2. The collection, processing, use and retention of personal information, including medical or genetic data, shall not infringe or have the effect of transgressing human rights, fundamental freedoms The dignity of the human person.

Art.

Only in the case where a person is under the protection of the law and where the deprivation of liberty is under judicial control, the right to information provided for in art. 18 may be limited on an exceptional basis, to the extent that the situation so requires and where the law so provides, and whether the transmission of the information infringers the privacy or the security of the person or hinders the proper conduct of a Criminal investigation or other equivalent reasons provided for by law, and in accordance with the applicable international law and the objectives of this Convention. Under no circumstances shall such restrictions on the right to information provided for in Art. 18 cannot be accepted if they constitute conduct defined in s. 2 or a violation of s. 1 of the art. 17.

(2) Without prejudice to the review of the legality of a person's deprivation of liberty, the State Party shall guarantee the persons referred to in s. 1 of the art. 18 the right to a prompt and effective judicial remedy to obtain the information referred to in that paragraph at short notice. This right to an appeal may not be suspended or restricted under any circumstances.

Art.

Each State Party shall take the necessary measures to ensure that the release of a person is carried out in a manner that makes it possible to verify with certainty that the person has actually been released. Each State Party shall also take the necessary measures to ensure the physical integrity and full exercise of its rights to any person at the time of his release, without prejudice to the obligations to which it may be subject under National law.

Art.

Without prejudice to art. 6, any State Party shall take the necessary measures to prevent and punish the following actions:

(a)
Obstructing or obstructing the remedies referred to in the letter. F of s. 2 of the art. 17 and para. 2 of the art. 20;
(b)
The breach of the obligation to register any deprivation of liberty, as well as the registration of any information which the official responsible for the official register knew or should have known about the inaccuracies;
(c)
Refusal to provide information on a deprivation of liberty or the provision of inaccurate information, even though the legal conditions for providing such information are met.
Art.

1. Each State Party shall ensure that the training of military or civilian personnel responsible for the enforcement of laws, medical personnel, civil servants and other persons who may intervene in the custody or treatment of Any person deprived of liberty may include the necessary education and information concerning the relevant provisions of this Convention, with a view to:

(a)
To prevent the involvement of these agents in enforced disappearances;
(b)
Highlight the importance of prevention and investigation of enforced disappearance;
(c)
Ensure that the urgency of the resolution of cases of enforced disappearance is recognised.

2. Each State Party shall ensure that orders or instructions prescribing, authorising or encouraging enforced disappearance are prohibited. Any State Party shall ensure that a person who refuses to comply with such order shall not be punished.

(3) Any State Party shall take the necessary measures to ensure that the persons referred to in s. 1 of this article, which have reason to believe that an enforced disappearance has occurred or is projected to report the case to their superiors and, if necessary, to the competent authorities or bodies of control or appeal.

Art. 24

For the purposes of this Convention, the victim shall be defined as the missing person and any natural person who has suffered direct harm as a result of enforced disappearance.

2. Every victim has the right to know the truth about the circumstances of the enforced disappearance, the conduct and the results of the investigation and the fate of the disappeared person. Each State Party shall take appropriate measures in this regard.

(3) Any State Party shall take all appropriate measures for the search, location and release of missing persons and, in the event of death, for the location, respect and return of their remains.

4. Each State Party shall guarantee, in its legal system, the victim of enforced disappearance the right to obtain reparation and to be compensated promptly, fairly and adequately.

5. The right to obtain relief under s. 4 of this Article covers 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)
Guarantees of non-repetition.

6. Without prejudice to the obligation to continue the investigation pending the elucidation of the fate of the disappeared person, any State Party shall take the appropriate provisions concerning the legal situation of those missing whose fate is not elucidated and Their relatives, in particular in areas such as social protection, financial matters, family law and property rights.

(7) Each State Party shall guarantee the right to form organisations and associations whose purpose is to contribute to the establishment of the circumstances of enforced disappearance and the fate of the disappeared persons and to the assistance of victims of Forced disappearance and to participate freely in such organisations or associations.

Art. 25

1. Each State Party shall take the necessary measures to prevent and punish:

(a)
The removal of children subjected to enforced disappearance or whose father, mother or legal representative is subjected to enforced disappearance, or of children born during the captivity of their mothers subjected to enforced disappearance;
(b)
The falsification, concealation or destruction of documents attesting to the true identity of the children referred to in the letter. A above.

2. Each State Party shall take the necessary measures to seek and identify the children referred to in the letter. A from s. 1 of this article and make them to their family of origin, in accordance with legal procedures and applicable international agreements.

3. States Parties shall assist each other in the search and identification of children referred to in the letter. A from s. 1 of this article and the determination of the place where they are located.

4. In view of the need to preserve the best interests of the children referred to in the let. A from s. 1 of this article and their right to preserve and restore their identity, including their nationality, name and family ties recognized by law, in States Parties that recognize the system of adoption or other forms of Placement of children, legal procedures must exist, which aim to revise the procedure for the adoption or placement of children and, if necessary, to annul any adoption or placement of children who find its origin in enforced disappearance.

5. In all circumstances, and in particular for all matters relating to this article, the best interests of the child shall be a primary consideration, and the child who is capable of discernment shall have the right to freely express his or her opinion, which shall Is duly taken into account in relation to his age and the degree of maturity.

Second part

Art. 26

1. For the implementation of the provisions of this Convention, a Committee on Enforced Disappearances (hereinafter referred to as the Committee) shall be set up, composed of ten experts of high moral character, with a recognized competence in the field of rights Of man, independent, acting in a personal capacity and acting in a non-partisan manner. The members of the Committee shall be elected by the States Parties in accordance with equitable geographical distribution. The interest of participation in the work of the Committee of persons with relevant legal experience and a balanced gender balance within the Committee will be taken into account.

(2) The election shall be conducted by secret ballot on a list of candidates nominated by the States Parties from among their nationals, during biennial meetings of the States Parties convened for that purpose by the Secretary-General of the United Nations United. At such meetings, where the quorum consists of two thirds of the States Parties, shall be elected members of the Committee 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 Voters.

The first 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 send a letter to the States Parties inviting them to submit nominations within three months. The Secretary-General shall draw up an alphabetical list of the candidates thus nominated, indicating, for each candidate, the State Party which presents it. It shall communicate this list to all States Parties.

The members of the Committee shall be elected for four years. They are eligible for re-election once. However, the term of five of the members elected in the first election shall expire after two years; immediately after the first election, the names of those five persons shall be drawn by lot by the chairperson of the meeting referred to in subs. 2 of this article.

5. If a member of the Committee dies, fails to perform his duties or is no longer in a position for any other reason to discharge his or her responsibilities to the Committee, the State Party nominated by the Committee shall, in accordance with the criteria set out in par. 1 of this Article, another candidate among its nationals to sit on the Committee for the remainder of the term of office, subject to the approval of the majority of the States Parties. Such approval shall be taken for granted unless half or more of the States Parties issue an adverse opinion within six weeks of the date on which they have been informed by the Secretary-General of the Organization United Nations of the proposed appointment.

6. The Committee shall establish its rules of procedure.

7. The Secretary-General of the United Nations shall make available to the Committee the staff and material resources necessary for the effective performance of its functions. The Secretary-General shall convene the members of the Committee for the first meeting.

The members of the Committee shall be entitled to the facilities, privileges and immunities accorded to experts on mission for the United Nations, as set out in the relevant sections of the Convention on the Privileges and Immunities of the United Nations United Nations.

9. Each State Party undertakes to cooperate with the Committee and to assist its members in the exercise of their mandate, within the limits of the functions of the Committee which it has accepted.

Art. 27

A Conference of the States Parties shall meet no sooner than four years and no later than six years after the entry into force of this Convention in order to evaluate the functioning of the Committee and decide, in accordance with the arrangements laid down in par. 2 of the art. 44, if it is necessary to entrust to another body-without excluding any possibility-the monitoring of this Convention with the powers defined in art. 28 to 36.

Art. 28

1. Within the framework of the powers conferred upon it by this Convention, the Committee shall cooperate with all the relevant organs, offices, specialized agencies and funds of the United Nations, the treaty committees established by instruments International, special United Nations procedures, relevant intergovernmental organizations or institutions, as well as all relevant national institutions, agencies and offices working for the protection of All persons against enforced disappearance.

2. In the course of its functions, the Committee consults with other treaty bodies established by the relevant human rights instruments, in particular the Human Rights Committee established by the International Covenant on Human Rights In order to ensure the consistency of their respective observations and recommendations.

Art.

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 give effect to its obligations under this Convention within two years As from the entry into force of the Convention for the State Party concerned.

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

3. Each report shall be considered by the Committee, which may make any comments, observations or recommendations that it considers appropriate. The State Party concerned shall be provided with comments, observations or recommendations, to which it may respond, on its own initiative or at the request of the Committee.

The Committee may also ask the States Parties for further information on the implementation of this Convention.

Art.

The Committee may be seized, as a matter of urgency, by the relatives of a disappeared person, their legal representatives, their lawyers or any person authorised by them, as well as any other person having a legitimate interest, an application to seek and Find a missing person.

2. If the Committee considers that the request for urgent action under s. 1 of this article:

(a)
Is not manifestly unfounded;
(b)
Does not constitute an abuse of the right to make such requests;
(c)
Has been previously and duly presented to the competent bodies of the State Party concerned, such as the authorities authorised to carry out investigations, where such an opportunity exists;
(d)
Is not inconsistent with the provisions of this Convention, and
(e)
Is not already in the process of being examined before another international body of inquiry or regulation of the same nature, it requests the State Party concerned to provide it with information on the situation of the person sought within a time limit fixed by it.

3. In the light of the information provided by the State Party concerned in accordance with paragraph 1. 2 of this Article, the Committee may transmit recommendations to the State Party, including a request to take all necessary measures, including protective measures, to locate and protect the person sought in accordance with This Convention and to inform the Committee, within a specified period of time, of the measures it takes, taking into account the urgency of the situation. The Committee shall inform the person who has submitted the request for urgent action of its recommendations and of the information transmitted to it by the State Party when they are available.

The Committee shall continue its efforts to work with the State Party concerned as long as the fate of the person sought is not elucidated. He shall keep the applicant informed.

Art.

1. Any State Party may declare, at the time of ratification of this Convention or at a later date, that it recognizes the competence of the Committee to receive and consider communications submitted by persons or on behalf of persons Under its jurisdiction which claim to be victims of a violation by that State Party of the provisions of this Convention. The Committee shall not receive any communication of interest to a State Party which has not made such a declaration.

2. The Committee shall declare inadmissible any communication if:

(a)
It is anonymous;
(b)
It constitutes an abuse of the right to present such communications or is incompatible with the provisions of this Convention;
(c)
It is being examined by another international body of inquiry or regulation of the same nature, or if
(d)
Not all effective domestic remedies have been exhausted; this rule does not apply if the appeal procedures exceed reasonable time limits.

3. If the Committee considers that the communication meets the requirements of s. 2 of this Article, it shall forward the communication to the State Party concerned, asking it to provide, within the time limit fixed by it, its observations or comments.

4. Upon receipt of a communication, and before taking a decision on the merits, the Committee may at any time submit to the urgent attention of the State Party concerned a request for the necessary provisional measures to be taken by the Committee Avoid irreparable damage to the victims of the alleged violation. The exercise by the Committee of this option shall not prejudice the admissibility or the merits of the communication.

The Committee shall hold its meetings in camera when examining the communications provided for in this Article. It shall inform the author of the communication of the replies provided by the State Party concerned. When the Committee decides to finalise the procedure, it shall communicate its findings to the State Party and to the communicant.

Art. 32

Any State Party to this Convention may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications by which a State Party claims that another State Party is not fulfilling its obligations Under this Convention. The Committee shall not receive any communication concerning a State Party which has not made such a declaration or any communication from a State Party which has not made such a declaration.

Art. 33

1. If the Committee is informed by credible information that a State Party is seriously violating the provisions of this Convention, it may, after consulting the State Party concerned, request one or more of its members To make a visit and to inform him without delay.

The Committee shall inform the State Party concerned in writing of its intention to make a visit, indicating the composition of the delegation and the purpose of the visit. The State Party shall reply within a reasonable time.

3. Upon reasoned request by the State Party, the Committee may decide to postpone or cancel its visit.

4. If the State Party agrees to the visit, the Committee and the State Party concerned shall cooperate in defining the terms of the visit, and the State Party shall provide the Committee with all the facilities necessary for the completion of the visit.

5. Following the visit, the Committee shall communicate to the State Party concerned its observations and recommendations.

Art. 34

If the Committee receives information which appears to it to contain evidence that the enforced disappearance is widespread or systematic in the territory within the jurisdiction of a State Party, and after Sought from the State Party concerned any relevant information on this situation, it may bring the matter to the attention of the General Assembly of the United Nations, through the Secretary-General of the Organization, as a matter of urgency United Nations.

Art. 35

The Committee shall have jurisdiction only in respect of enforced disappearances which began after the entry into force of this Convention.

2. If a State becomes a party to this Convention after the entry into force of this Convention, its obligations vis-à-vis the Committee shall relate only to enforced disappearances which began after the entry into force of this Convention at its Respect.

Art. 36

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

2. The publication, in the annual report, of an observation concerning a State Party must first be announced to the State Party, which has a reasonable period of reply and may request the publication of its own comments or Comments in the report.

Third part

Art.

None of the provisions of this Convention shall affect the provisions which are more favourable to the protection of all persons from enforced disappearance, which may include:

(a)
In the legislation of a State Party, or
(b)
In international law in force for that State.
Art. 38

(1) This Convention shall be open for signature by any Member State of the United Nations.

(2) This Convention shall be subject to the ratification of any Member State of the United Nations. Instruments of ratification shall be deposited with the Secretary-General of the Organization.

(3) This Convention shall be open for accession by any Member State of the United Nations. Accession shall be made by the deposit of an instrument of accession with the Secretary-General of the Organization.

Art. 39

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

2. For any 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 after the date of the deposit by that State of its instrument of Ratification or accession.

Art. 40

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

(a)
Signatures, ratifications and accessions received pursuant to s. 38;
(b)
The date of entry into force of this Convention pursuant to Art. 39.
Art.

The provisions of this Convention shall apply, without any limitation or exception, to all constituent units of the Federal States.

Art.

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation or by means of the procedures expressly provided for in this Convention shall be Submitted to arbitration, at the request of one of them. If, within six months after the date of the request for arbitration, the parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court.

(2) Any State Party may, at the time it signs this Convention, ratify or accede to it, declare that it does not consider itself bound by the provisions of s. 1 of this article. The other States Parties shall not be bound by those provisions to a State Party which has made such a declaration.

(3) Any State Party which has made a declaration in accordance with the provisions of par. 2 of this article may at any time withdraw this declaration by a notification addressed to the Secretary-General of the United Nations.

Art. 43

This Convention shall be 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 1 And the two additional protocols of June 8, 1977 2 And the possibility of any State permitting the International Committee of the Red Cross to visit places of detention in cases not covered by international humanitarian law.


Art. 44

(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 communicate the proposed amendment to the States Parties to this Convention by asking them whether they are in favour of the organization of a conference of States Parties for consideration of the proposal and Vote. If, within four months from the date of such communication, at least one third of the States Parties decides in favour of the holding of the Conference, the Secretary-General shall organize the Conference under the auspices of the Organization of United Nations.

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

3. An amendment adopted in accordance with the provisions of s. 1 of this Article shall enter into force when two-thirds of the States Parties to this Convention have accepted it, in accordance with the procedure laid down in their respective Constitutions.

4. When the amendments enter into force, they shall be binding on the States Parties which have accepted them, the other States Parties remaining bound by the provisions of this Convention and any previous amendment that they would have Accepted.

Art. 45

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

2. The Secretary-General of the United Nations shall make a certified copy of this Convention to all States referred to in Art. 38.

(Suivent signatures)

Scope of application December 5, 2016 5

States Parties

Ratification

Accession (A)

Entry into force

Albania

8 November

2007

December 23

2010

Germany *

24 September

2009

December 23

2010

Argentina

14 December

2007

December 23

2010

Armenia

24 January

2011

23 February

2011

Austria

7 June

2012

7 July

2012

Belgium

2 June

2011

July 2

2011

Belize

August 14

2015 A

13 September

2015

Bolivia

17 December

2008

December 23

2010

Bosnia and Herzegovina

30 March

2012

29 April

2012

Brazil

29 November

2010

29 December

2010

Burkina Faso

3 December

2009

December 23

2010

Cambodia

27 June

2013 A

27 July

2013

Chile

8 December

2009

December 23

2010

Colombia

July 11

2012

10 August

2012

Costa Rica

February 16

2012

March 17

2012

Cuba *

2 February

2009

December 23

2010

Ecuador

20 October

2009

December 23

2010

Spain

24 September

2009

December 23

2010

France

23 September

2008

December 23

2010

Gabon

19 January

2011

18 February

2011

Greece

July 9

2015

8 August

2015

Honduras

1 Er April

2008

December 23

2010

Iraq

23 November

2010 A

December 23

2010

Italy

8 October

2015

7 November

2015

Japan

July 23

2009

December 23

2010

Kazakhstan

February 27

2009 A

December 23

2010

Lesotho

6 December

2013

5 January

2014

Lithuania

August 14

2013

13 September

2013

Mali

1 Er July

2009

December 23

2010

Malta

March 27

2015

April 26

2015

Morocco *

14 May

2013

13 June

2013

Mauritania

3 October

2012

2 November

2012

Mexico

18 March

2008

December 23

2010

Mongolia

12 February

2015

March 14

2015

Montenegro

September 20

2011

20 October

2011

Niger

24 July

2015

August 23

2015

Nigeria

27 July

2009 A

December 23

2010

Panama

24 June

2011

24 July

2011

Paraguay

August 3

2010

December 23

2010

Netherlands

23 March

2011

22 April

2011

Caribbean (Bonaire, Sint Eustatius and Saba)

23 March

2011

22 April

2011

Portugal

27 January

2014

26 February

2014

Peru

26 September

2012 A

26 October

2012

Central African Republic

11 October

2016 A

10 November

2016

Samoa

27 November

2012

27 December

2012

Serbia

18 May

2011

17 June

2011

Slovakia

15 December

2014

14 January

2015

Sri Lanka

25 May

2016

24 June

2016

Senegal

11 December

2008

December 23

2010

Switzerland

2 December

2016

1 January

2017

Togo

July 21

2014

August 20

2014

Tunisia

29 June

2011

July 29

2011

Ukraine *

August 14

2015 A

13 September

2015

Uruguay

March 4

2009

December 23

2010

Zambia

April 4

2011

4 May

2011

*
Reservations and declarations.

Reservations and declarations are not published in the RO, except for those of Switzerland. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Statements

Switzerland

1. In accordance with Art. 31 of the Convention, Switzerland acknowledges the competence of the Committee on Enforced Disappearances to receive and consider communications submitted by persons or on behalf of persons within its jurisdiction who complain of being victims A violation of the provisions of this Convention by Switzerland.

2. In accordance with Art. 32 of the Convention, Switzerland acknowledges the competence of the Committee on Enforced Disappearances to receive and examine communications by which a State Party claims that another State Party is not fulfilling its obligations under the Convention.

States having declared the competence of the Committee on Enforced Disappearances to be recognized, in accordance with art. 31 and 32 of the Convention

Albania

Germany

Argentina

Austria

Belgium

Bosnia and Herzegovina

Chile

Ecuador

Spain

France

Japan (art. 32)

Lithuania

Mali

Montenegro

Netherlands and Caribbean (Bonaire, Sint Eustatius and Saba)

Peru (art. 31)

Portugal

Serbia

Slovakia

Sri Lanka (art. 32)

Switzerland

Ukraine

Uruguay


RO 2016 4693 ; FF 2014 437


1 RO 2016 4687
2 RS 0.120
3 RS 0.103.1
4 RS 0.103.2
5 RO 2016 4693 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


State 1 Er January 2017