A/RES/47/133
Page
6
impede
the
investigation.
2.
Each State shall ensure that the competent authority shall have
the necessary powers and resources to conduct the investigation effectively,
including powers to compel attendance of witnesses and production of relevant
documents and to make immediate on-site visits.
3.
Steps shall be taken to ensure that all involved in the
investigation,
including the complainant,
counsel, witnesses and those
conducting the investigation,
are protected against ill-treatment,
intimidation or reprisal.
request
4.
criminal
to
The
all
findings
persons
investigation.
of
such
concerned,
an
investigation
unless
doing
so
shall
would
be
made
available
jeopardize
an
upon
ongoing
S.
Steps shall be taken to ensure that any ill-treatment,
intimidation or reprisal or any other form of interference on the occasion
the lodging of a complaint or during the investigation procedure is
appropriately punished.
6.
An investigation,
in accordance with the
above,
should be able to be conducted for as long as
enforced disappearance remains unclarified.
Article
in
a
of
procedures described
the fate of the victim
14
Any person alleged to have perpetrated an act of enforced disappearance
particular State shall, when the facts disclosed by an official
investigation
so
warrant,
be
brought
before
the
competent
civil
authorities
that State for the purpose of prosecution and trial unless he has been
extradited to another State wishing to exercise jurisdiction in accordance
with the relevant international agreements in force.
All States should take
any lawful and appropriate action available to them to bring to justice all
persons presumed responsible for an act of enforced disappearance, who are
found to be within their jurisdiction or under their control.
Article
of
of
15
The fact that there are grounds to believe that a person has
participated in acts of an extremely serious nature such as those referred to
in article 4, paragraph 1, above, regardless of the motives,
shall be taken
into account when the competent authorities of the State decide whether or not
to grant asylum.
Article
1.
article 4,
during the
State,
in
2.
and
16
Persons alleged to have committed any of the acts referred to in
paragraph 1, above, shall be suspended from any official duties
investigation referred to in article 13 above.
They
not
by
shall
any
be
tried
other
only
special
by
the
tribunal,
3.
No privileges,
immunities or
such trials, without prejudice to the
competent
in
ordinary
particular
courts
military
special exemptions shall be
provisions contained in the
in
each
courts.
admitted
Vienna