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Declaration on the Protection of all Persons from Enforced Disappearance
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PREAMBLE
[
go to this PREAMBLE
]
...
Having
regard
also to the
Convention
against
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
, which provides that
States parties
shall take effective
measures
to
prevent
and
punish
acts
of
torture
, ...
ARTICLE-3
[
go to this ARTICLE
]
... Each
State
shall take effective
legislative
,
administrative
,
judicial
or other
measures
to
prevent
and
terminate
acts
of
enforced disappearance
in any
territory
under its
jurisdiction
. ...
ARTICLE-13
[
go to this ARTICLE
]
... Each
State
shall ensure that any
person
having
knowledge
or a
legitimate interest
who alleges that a
person
has been subjected to
enforced disappearance
has the
right
to complain to a
competent
and
independent
State
authority
and to have that
complaint
promptly, thoroughly and impartially
investigated
by that
authority
. Whenever there are
reasonable
grounds to believe that an
enforced disappearance
has been committed, the
State
shall promptly refer the matter to that
authority
for such an
investigation
, even if there has been no formal
complaint
. No
measure
shall be taken to curtail or
impede
the
investigation
. ...
ARTICLE-18
[
go to this ARTICLE
]
...
Persons
who have or are alleged to have committed
offences
referred to in
article
4
, paragraph 1, above, shall not
benefit
from any
special
amnesty law
or similar
measures
that might have the
effect
of exempting them from any
criminal proceedings
or
sanction
. In the
exercise
of the
right
of pardon, the
extreme
seriousness of
acts
of
enforced disappearance
shall be taken into
account
. ...
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