A/HRC/1/L.10
page 40
2.
Such mutual legal assistance shall be subject to the conditions provided for by the
domestic law of the requested State Party or by applicable treaties on mutual legal assistance,
including, in particular, the conditions in relation to the grounds upon which the requested
State Party may refuse to grant mutual legal assistance or may make it subject to conditions.
Article 15
States Parties shall cooperate with each other and shall afford one another the greatest
measure of mutual assistance with a view to assisting victims of enforced disappearance, and in
searching for, locating and releasing disappeared persons and, in the event of death, in exhuming
and identifying them and returning their remains.
Article 16
1.
No State Party shall expel, return (“refouler”), surrender or extradite a person to another
State where there are substantial grounds for believing that he or she would be in danger of being
subjected to enforced disappearance.
2.
For the purpose of determining whether there are such grounds, the competent authorities
shall take into account all relevant considerations, including, where applicable, the existence in
the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights
or of serious violations of international humanitarian law.
Article 17
1.
No one shall be held in secret detention.
2.
Without prejudice to other international obligations of the State Party with regard to the
deprivation of liberty, each State Party shall, in its legislation:
(a)
Establish the conditions under which orders of deprivation of liberty
may be given;
(b)
Indicate those authorities authorized to order the deprivation of liberty;
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