A/HRC/1/L.10
page 38
Article 12
1.
Each State Party shall ensure that any individual who alleges that a person has been
subjected to enforced disappearance has the right to report the facts to the competent authorities,
which shall examine the allegation promptly and impartially and, where necessary, undertake
without delay a thorough and impartial investigation. Appropriate steps shall be taken, where
necessary, to ensure that the complainant, witnesses, relatives of the disappeared person and their
defence counsel, as well as persons participating in the investigation, are protected against all
ill-treatment or intimidation as a consequence of the complaint or any evidence given.
2.
Where there are reasonable grounds for believing that a person has been subjected to
enforced disappearance, the authorities referred to in paragraph 1 shall undertake an
investigation, even if there has been no formal complaint.
3.
Each State Party shall ensure that the authorities referred to in paragraph 1:
(a)
Have the necessary powers and resources to conduct the investigation effectively,
including access to the documentation and other information relevant to their investigation;
(b)
Have access, if necessary with the prior authorization of a judicial authority,
which shall rule promptly on the matter, to any place of detention or any other place where there
are reasonable grounds to believe that the disappeared person may be present.
4.
Each State Party shall take the necessary measures to prevent and punish acts that hinder
the conduct of an investigation. It shall ensure in particular that persons suspected of having
committed an offence of enforced disappearance are not in a position to influence the progress
of an investigation by means of pressure or acts of intimidation or reprisal aimed at the
complainant, witnesses, relatives of the disappeared person or their defence counsel, or at
persons participating in the investigation.
Article 13
1.
For the purposes of extradition between States Parties, the offence of enforced
disappearance shall not be regarded as a political offence or as an offence connected with a
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