1.
For the purposes of this Convention, “victim” means the disappeared person and any
individual who has suffered harm as the direct result of an enforced disappearance.
2.
Each victim has the right to know the truth regarding the circumstances of the
enforced disappearance, the progress and results of the investigation and the fate of the disappeared
person. Each State Party shall take appropriate measures in this regard.
3.
Each State Party shall take all appropriate measures to search for, locate and release
disappeared persons and, in the event of death, to locate, respect and return their remains.
4.
Each State Party shall ensure in its legal system that the victims of enforced
disappearance have the right to obtain reparation and prompt, fair and adequate compensation.
5.
The right to obtain reparation referred to in paragraph 4 of this article covers material
and moral damages and, where appropriate, other forms of reparation such as:
(a)
Restitution;
(b)
Rehabilitation;
(c)
Satisfaction, including restoration of dignity and reputation;
(d)
Guarantees of non-repetition.
6.
Without prejudice to the obligation to continue the investigation until the fate of the
disappeared person has been clarified, each State Party shall take the appropriate steps with regard to
the legal situation of disappeared persons whose fate has not been clarified and that of their relatives, in
fields such as social welfare, financial matters, family law and property rights.
7.
Each State Party shall guarantee the right to form and participate freely in
organizations and associations concerned with attempting to establish the circumstances of enforced
disappearances and the fate of disappeared persons, and to assist victims of enforced disappearance.
Article 25
1.
criminal law:
Each State Party shall take the necessary measures to prevent and punish under its
(a)
The wrongful removal of children who are subjected to enforced
disappearance, children whose father, mother or legal guardian is subjected to enforced disappearance
or children born during the captivity of a mother subjected to enforced disappearance;
(b)
The falsification, concealment or destruction of documents attesting to the true
identity of the children referred to in subparagraph (a) above.
2.
Each State Party shall take the necessary measures to search for and identify the
children referred to in paragraph 1 (a) of this article and to return them to their families of origin, in
accordance with legal procedures and applicable international agreements.
3.
States Parties shall assist one another in searching for, identifying and locating the
children referred to in paragraph 1 (a) of this article.
4.
Given the need to protect the best interests of the children referred to in paragraph 1
(a) of this article and their right to preserve, or to have re-established, their identity, including their
nationality, name and family relations as recognized by law, States Parties which recognize a system of
adoption or other form of placement of children shall have legal procedures in place to review the
adoption or placement procedure, and, where appropriate, to annul any adoption or placement of
children that originated in an enforced disappearance.
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