A/HRC/1/L.10
page 36
(a)
Is of long duration and is proportionate to the extreme seriousness of this offence;
(b)
Commences from the moment when the offence of enforced disappearance
ceases, taking into account its continuous nature.
2.
Each State Party shall guarantee the right of victims of enforced disappearance to an
effective remedy during the term of limitation.
Article 9
1.
Each State Party shall take the necessary measures to establish its competence to exercise
jurisdiction over the offence of enforced disappearance:
(a)
When the offence is committed in any territory under its jurisdiction or on board a
ship or aircraft registered in that State;
(b)
When the alleged offender is one of its nationals;
(c)
When the disappeared person is one of its nationals and the State Party considers
it appropriate.
2.
Each State Party shall likewise take such measures as may be necessary to establish its
competence to exercise jurisdiction over the offence of enforced disappearance when the alleged
offender is present in any territory under its jurisdiction, unless it extradites or surrenders him or
her to another State in accordance with its international obligations or surrenders him or her to an
international criminal tribunal whose jurisdiction it has recognized.
3.
This Convention does not exclude any additional criminal jurisdiction exercised in
accordance with national law.
Article 10
1.
Upon being satisfied, after an examination of the information available to it, that the
circumstances so warrant, any State Party in whose territory a person suspected of having
committed an offence of enforced disappearance is present shall take him or her into custody or
take such other legal measures as are necessary to ensure his or her presence. The custody and
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