A/HRC/1/L.10
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acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the disappeared person, which place such a person
outside the protection of the law.
Article 3
Each State Party shall take appropriate measures to investigate acts defined in article 2
committed by persons or groups of persons acting without the authorization, support or
acquiescence of the State and to bring those responsible to justice.
Article 4
Each State Party shall take the necessary measures to ensure that enforced disappearance
constitutes an offence under its criminal law.
Article 5
The widespread or systematic practice of enforced disappearance constitutes a crime
against humanity as defined in applicable international law and shall attract the consequences
provided for under such applicable international law.
Article 6
1.
Each State Party shall take the necessary measures to hold criminally responsible at least:
(a)
Any person who commits, orders, solicits or induces the commission of, attempts
to commit, is an accomplice to or participates in an enforced disappearance;
(b)
A superior who:
(i)
Knew, or consciously disregarded information which clearly indicated,
that subordinates under his or her effective authority and control were
committing or about to commit a crime of enforced disappearance;
(ii)
Exercised effective responsibility for and control over activities which
were concerned with the crime of enforced disappearance; and
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