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Declaration on the Protection of all Persons from Enforced Disappearance
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ARTICLE-8
[
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... For the
purpose
of
determining
whether there are such grounds, the
competent authorities
shall take into
account
all
relevant
considerations
including
, where applicable, the existence in the
State
concerned
of a consistent
pattern
of
gross
, flagrant or mass violations of
human rights
. ...
ARTICLE-9
[
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]
... The
right
to a prompt and effective
judicial remedy
as a means of
determining
the whereabouts or
state of health
of
persons
deprived
of their
liberty
and/or
identifying
the
authority
ordering or carry out the
deprivation of liberty
is required to
prevent
enforced disappearances
under all
circumstances
,
including
those referred to in
article
7
above. ...
ARTICLE-10
[
go to this ARTICLE
]
... Accurate
information
on the
detention
of such
persons
and their
place
or
places
of
detention
,
including
transfers
, shall be made promptly available to their
family members
, their
counsel
or to any other
persons
having a
legitimate interest
in the
information
unless a wish to the
contrary
has been manifested by the
persons
concerned
. ...
ARTICLE-12
[
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]
... Each
State
shall likewise ensure strict
supervision
,
including
a clear
chain
of command, of all
law enforcement officials
responsible
for
apprehensions
,
arrests
,
detentions
,
custody
,
transfers
and
imprisonment
, and of other
officials
authorized
by
law
to use
force
and
firearms
. ...
ARTICLE-13
[
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]
... Each
State
shall ensure that the
competent authority
shall have the necessary
powers
and
resources
to
conduct
the
investigation
effectively,
including
powers
to compel
attendance
of
witnesses
and
production
of
relevant
documents
and to make immediate on-
site
visits
. ...
...
Steps
shall be taken to ensure that all involved in the
investigation
,
including
the complainant,
counsel
,
witnesses
and those
conducting
the
investigation
, are
protected
against
ill-treatment
,
intimidation
or
reprisal
. ...
ARTICLE-19
[
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]
... The
victims
of
acts
of
enforced disappearance
and their
family
shall obtain
redress
and shall have the
right
to adequate
compensation
,
including
the means for as complete a
rehabilitation
as possible. In the
event
of the
death
of the
victim
as a result of an
act
of
enforced disappearance
, their dependents shall also be entitled to
compensation
. ...
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