International Convention for the Protection of All Persons from Enforced Disappearance

The States Parties recall the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, relevant humanitarian law and international instruments. They are aware of the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances defined in international law, a crime against humanity. They affirm the right of victims to justice, reparation and to know the truth regarding the circumstances, progress and results of investigation and the fate of the disappeared person. They are determined to prevent enforced disappearances and combat impunity.

No one shall be subjected to enforced disappearance. No exceptional circumstances whatsoever, including war, threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.

Enforced disappearance means arrest, detention, abduction or any other form of deprivation of liberty by State agents or persons or groups acting with State authorization, support or acquiescence, followed by refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person, placing the person outside the protection of the law.

Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups acting without State authorization, support or acquiescence and to bring those responsible to justice.

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

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

States shall hold criminally responsible any person who commits, orders, solicits, induces, attempts, is accomplice to or participates in enforced disappearance. Superior responsibility applies where a superior knew or consciously disregarded information, exercised responsibility and control, and failed to prevent or repress the crime or submit it to authorities. No order or instruction may justify enforced disappearance.

States shall make enforced disappearance punishable by appropriate penalties taking into account its extreme seriousness. They may establish mitigating circumstances for persons effectively contributing to recovery of the disappeared or clarification of cases, and aggravating circumstances such as death of the disappeared person or enforced disappearance of pregnant women, minors, persons with disabilities or other especially vulnerable persons.

States applying statutes of limitation shall ensure a long limitation period proportionate to the extreme seriousness of enforced disappearance and starting from the moment the offence ceases, taking into account its continuous nature. Victims must have an effective remedy during the limitation period.

States shall establish jurisdiction where the offence is committed in territory under their jurisdiction, on ships or aircraft registered in the State, by nationals, and may establish jurisdiction where the disappeared person is a national. They shall also establish jurisdiction when the alleged offender is present in territory under their jurisdiction and is not extradited or surrendered.

When a person suspected of enforced disappearance is present in a State's territory, the State shall, if circumstances warrant, take custody or other legal measures to ensure presence, conduct a preliminary inquiry, inform relevant States, and allow communication with representatives according to law.

The State in whose territory the alleged offender is found shall, if it does not extradite or surrender that person, submit the case to competent authorities for prosecution. Authorities shall decide under the same standards as for other serious offences, and the person shall receive fair treatment at all stages.

Enforced disappearance shall be deemed included as an extraditable offence in extradition treaties between States Parties and included in future treaties. The Convention may serve as a legal basis for extradition where a treaty is required. Extradition remains subject to conditions of the requested State's law and applicable treaties.

States Parties shall afford one another the greatest measure of mutual legal assistance in criminal proceedings concerning enforced disappearance, including supply of evidence, subject to applicable law and treaties.

States Parties shall cooperate with one another and afford the greatest measure of mutual assistance to assist victims of enforced disappearance and to search for, locate and release disappeared persons and, in the event of death, locate, respect and return remains.

No State Party shall expel, return, surrender or extradite a person to another State where there are substantial grounds for believing the person would be in danger of enforced disappearance. Competent authorities shall consider all relevant factors, including patterns of gross, flagrant or mass violations of human rights or serious violations of international humanitarian law.

States shall ensure training on the Convention for law enforcement, civil or military personnel, medical personnel, public officials and others involved in custody or treatment of persons deprived of liberty, to prevent involvement in enforced disappearances and emphasize reporting obligations.

No one shall be held in secret detention. States shall guarantee that deprivation of liberty occurs only according to law and by authorized officials, that persons are held only in officially recognized and supervised places, that they may communicate with and be visited by family or counsel, and that registers or records of persons deprived of liberty are maintained.

States shall ensure that any person with a legitimate interest, such as relatives, representatives or counsel, has access at least to information on the authority ordering deprivation of liberty, date, time and place of deprivation, authority supervising detention, whereabouts, health, transfers and release or death, subject only to strict legal conditions.

Personal information, including medical and genetic data, collected in the search for a disappeared person shall not be used for purposes other than the search, without prejudice to criminal proceedings or the right to reparation. Collection and use must not infringe human rights, dignity or privacy.

States shall guarantee the right to a prompt and effective judicial remedy to obtain without delay information referred to in article 18. This right may not be suspended. States shall protect persons requesting information, participants in investigations, counsel, relatives and witnesses from ill-treatment, intimidation or sanction.

Restrictions on access to information about persons deprived of liberty may be imposed only exceptionally, where strictly necessary and provided by law, and never when they would constitute conduct defined as enforced disappearance or secret detention. Persons with legitimate interest retain the right to prompt and effective judicial remedy.

States shall take measures to ensure release of persons deprived of liberty in a manner permitting reliable verification that they have been released and ensuring their physical integrity and ability to exercise rights at the time of release.

States shall prevent and sanction delay or obstruction of remedies, failure to record deprivation of liberty, recording of inaccurate information, refusal to provide information, and provision of inaccurate information despite legal requirements.

Victim means the disappeared person and any individual who has suffered harm as a direct result of enforced disappearance. Victims have the right to know the truth regarding circumstances, investigation and fate of the disappeared, and the right to reparation. States shall search for and release disappeared persons and, in case of death, locate, respect and return remains. Reparation includes restitution, rehabilitation, satisfaction, restoration of dignity and reputation, and guarantees of non-repetition.

States shall prevent and punish wrongful removal of children subjected to enforced disappearance, children whose parents are subjected to enforced disappearance, and children born during captivity of a mother subjected to enforced disappearance, as well as falsification, concealment or destruction of documents attesting identity. States shall search for and identify such children and return them to families of origin, considering the best interests of the child.

A Committee on Enforced Disappearances is established, composed of ten independent experts of high moral character and recognized competence in human rights, serving in personal capacity and elected by States Parties with equitable geographic distribution, relevant legal experience and balanced gender representation.

Committee members are elected by secret ballot from nominees of States Parties for four-year terms and may be re-elected once. Rules cover nomination, elections, vacancies, emoluments, staff and privileges and immunities of experts on UN mission.

The Committee has competence assigned by the Convention. If it receives reliable information, it may request information, invite cooperation and use procedures established in the Convention, while respecting competence limitations and related international procedures.

States Parties shall submit to the Committee, through the Secretary-General, reports on measures taken to give effect to obligations within two years after entry into force for the State concerned. The Committee examines reports and may issue comments, observations or recommendations.

Requests that a disappeared person be sought and found may be submitted urgently to the Committee by relatives, legal representatives, counsel or any authorized person. If admissible, the Committee requests information from the State and may transmit recommendations, including interim measures to locate and protect the person.

A State Party may declare that it recognizes the Committee's competence to receive and consider communications from individuals under its jurisdiction claiming to be victims of a violation. The Committee considers admissibility, excludes anonymous, abusive or duplicative matters, requires exhaustion of domestic remedies unless ineffective or unreasonably prolonged, and transmits views to the State and author.

A State Party may declare that it recognizes the Committee's competence to receive and consider communications in which one State Party claims that another State Party is not fulfilling obligations under the Convention.

If the Committee receives reliable information that a State Party is seriously violating the Convention, it may, after consultations, request one or more members to undertake a visit to the State and report back, with the State's consent and cooperation. Findings and recommendations are communicated to the State.

If the Committee receives well-founded information that enforced disappearance is being practiced on a widespread or systematic basis in a State Party, it may bring the matter urgently to the attention of the General Assembly through the Secretary-General after seeking information from the State.

The Committee shall cooperate with all relevant organs, offices, specialized agencies, funds and programmes of the United Nations, treaty bodies, special procedures, regional organizations and national human rights institutions. It shall consult other treaty bodies to ensure consistency and avoid duplication.

The Convention is without prejudice to provisions of international humanitarian law, including obligations of High Contracting Parties to the Geneva Conventions and their Protocols, and does not affect the competence of the International Committee of the Red Cross.

The Convention is open for signature by all Member States of the United Nations.

The Convention is subject to ratification by all UN Member States. Instruments of ratification are deposited with the Secretary-General.

The Convention is open for accession by all UN Member States. Accession is effected by deposit of an instrument with the Secretary-General.

The Convention enters into force on the thirtieth day after deposit of the twentieth instrument of ratification or accession. For each State ratifying or acceding after that deposit, it enters into force on the thirtieth day after deposit of its own instrument.

The provisions of the Convention apply to all parts of federal States without any limitations or exceptions.

Reservations incompatible with the object and purpose of the Convention are not permitted.

A State Party may denounce the Convention by written notification to the Secretary-General. Denunciation takes effect one year after receipt and does not affect continuing consideration of matters already before the Committee.

Any State Party may propose amendments. The Secretary-General circulates proposals and asks whether States favour a conference. If one third favour it, a conference is convened. Amendments adopted by two-thirds of States present and voting and approved by the General Assembly enter into force after acceptance by two thirds of States Parties and bind those accepting them.

The Arabic, Chinese, English, French, Russian and Spanish texts of the Convention are equally authentic. The original is deposited with the Secretary-General of the United Nations, who transmits certified copies to all States.