A/HRC/33/51
77.
Refugees and other migrants may not be deported to States where they risk being
subjected to enforced or involuntary disappearances or other forms of persecution.39
(iii)
Remedies for migrant victims of enforced disappearances and their families
78.
States must ensure a prompt and effective judicial remedy as a means of determining
the whereabouts or state of health of migrants deprived of their liberty and/or identifying
the authority ordering or carrying out the deprivation of liberty, in order to prevent enforced
disappearances.40
79.
The Declaration provides, among other things, the right to an adequate remedy,
requiring States to conduct a thorough and impartial investigation, including initiatives to
search for individuals, as well as localization, respect and restitution in case of death. It is
of the utmost importance that States prevent remains from being moved to common graves
or simply displaced, as such measures can derail the investigations.
80.
It is also essential, that each State — origin, transit and destination — takes the
necessary measures to establish its competence to exercise jurisdiction over the offence of
enforced disappearances of migrants in accordance with the applicable principles of
international law.41
39
40
41
See art. 8 of the Declaration.
See also art. 9 of the Declaration.
See art. 9 of the Convention.
13
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