A/RES/47/133
Page 4
disappearance.
Article
In
addition
disappearances
to
render
such
criminal
their
which organize,
acquiesce in
civil law, without prejudice
concerned in accordance with
penalties
perpetrators
and
person
not
or
obey
2.
authorizing
3.
provisions
are
the
applicable,
State
or
enforced
State
authorities
under
the State
6
No order or instruction of any public authority,
civilian,
other, may be invoked to justify an enforced disappearance.
receiving
to
as
or tolerate such disappearances liable
to the international responsibility of
the principles of international law.
Article
1.
military
5
it.
such
an
order
or
instruction
shall
have
the
right
Any
and
duty
Each State shall ensure that orders or instructions
directing,
or encouraging
any enforced disappearance
are prohibited.
Training
in
of
paragraphs
law
1
enforcement
and
2
of
officials
the
present
Article
shall
article.
emphasize
the
7
No circumstances whatsoever, whether a threat of war, a state of war,
internal political instability or any other public emergency, may be invoked
to justify enforced disappearances.
Article
8
i.
No State shall expel, return (refouler) or extradite a person to
another State where there are substantial grounds to believe that he would be
in danger of enforced disappearance.
2.
For the purpose of determining whether there are such grounds,
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.
Article
1.
determining
The
the
right
to
a prompt
whereabouts
or
and
state
9
effective
of
the
health
judicial
of
persons
remedy
as
deprived
a means
of
liberty and/or identifying the authority ordering or carrying out the
deprivation of liberty is required to prevent enforced disappearances
all circumstances,
including those referred to in article 7 above.
their
of
under
2.
In such proceedings,
competent national authorities shall have
access to all places where persons deprived of their liberty are being held
and to each part of those places, as well as to any place in which there are
grounds to believe that such persons may be found.
3.
Any
other
competent
authority
entitled
under
the
law
of
the
State