Sparizioni forzate - Carta ONU
4. Each State Party shall take the necessary measures to prevent and
sanction acts that hinder the conduct of an investigation. It shall ensure in
particular that persons suspected of having committed an offence of enforced
disappearance are not in a position to influence the progress of an
investigation by means of pressure or acts of intimidation or reprisal aimed at
the complainant, witnesses, relatives of the disappeared person or their
defence counsel, or at persons participating in the investigation.
1. For the purposes of extradition between States Parties, the offence of
enforced disappearance shall not be regarded as a political offence or as an
offence connected with a political offence or as an offence inspired by political
motives. Accordingly, a request for extradition based on such an offence may
not be refused on these grounds alone.
2. The offence of enforced disappearance shall be deemed to be
included as an extraditable offence in any extradition treaty existing between
States Parties before the entry into force of this Convention.
3. States Parties undertake to include the offence of enforced
disappearance as an extraditable offence in any extradition treaty subsequently
to be concluded between them.
4. If a State Party which makes extradition conditional on the existence
of a treaty receives a request for extradition from another State Party with
which it has no extradition treaty, it may consider this Convention as the
necessary legal basis for extradition in respect of the offence of enforced
5. States Parties which do not make extradition conditional on the
existence of a treaty shall recognize the offence of enforced disappearance as
an extraditable offence between themselves.
6. Extradition shall, in all cases, be subject to the conditions provided
for by the law of the requested State Party or by applicable extradition treaties,
including, in particular, conditions relating to the minimum penalty requirement
for extradition and the grounds upon which the requested State Party may
refuse extradition or make it subject to certain conditions.
7. Nothing in this Convention shall be interpreted as imposing an
obligation to extradite if the requested State Party has substantial grounds for
believing that the request has been made for the purpose of prosecuting or
punishing a person on account of that person’s sex, race, religion, nationality,
ethnic origin, political opinions or membership of a particular social group, or
that compliance with the request would cause harm to that person for any one
of these reasons.
1. States Parties shall afford one another the greatest measure of
mutual legal assistance in connection with criminal proceedings brought in
respect of an offence of enforced disappearance, including the supply of all
evidence at their disposal that is necessary for the proceedings.
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 5
relation to the grounds upon which the requested State Party may refuse to
grant mutual legal assistance or may make it subject to conditions.
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.
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.
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
(c) Guarantee that any person deprived of liberty shall be held solely in
officially recognized and supervised places of deprivation of liberty;
(d) Guarantee that any person deprived of liberty shall be authorized to
communicate with and be visited by his or her family, counsel or any other
person of his or her choice, subject only to the conditions established by law,
or, if he or she is a foreigner, to communicate with his or her consular
authorities, in accordance with applicable international law;
(e) Guarantee access by the competent and legally authorized
authorities and institutions to the places where persons are deprived of liberty,
if necessary with prior authorization from a judicial authority;
(f) Guarantee that any person deprived of liberty or, in the case of a
suspected enforced disappearance, since the person deprived of liberty is not
able to exercise this right, any persons with a legitimate interest, such as
relatives of the person deprived of liberty, their representatives or their counsel,
shall, in all circumstances, be entitled to take proceedings before a court, in
order that the court may decide without delay on the lawfulness of the
deprivation of liberty and order the person’s release if such deprivation of
liberty is not lawful.
3. Each State Party shall assure the compilation and maintenance of
one or more up-to-date official registers and/or records of persons deprived of 6
liberty, which shall be made promptly available, upon request, to any judicial or
other competent authority or institution authorized for that purpose by the law
of the State Party concerned or any relevant international legal instrument to
which the State concerned is a party. The information contained therein shall
include, as a minimum:
(a) The identity of the person deprived of liberty;
(b) The date, time and place where the person was deprived of liberty
and the identity of the authority that deprived the person of liberty;
(c) The authority that ordered the deprivation of liberty and the grounds
for the deprivation of liberty;
(d) The authority responsible for supervising the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of admission to
the place of deprivation of liberty and the authority responsible for the place of
deprivation of liberty;
(f) Elements relating to the state of health of the person deprived of
(g) In the event of death during the deprivation of liberty, the
circumstances and cause of death and the destination of the remains;
(h) The date and time of release or transfer to another place of
detention, the destination and the authority responsible for the transfer.
1. Subject to articles 19 and 20, each State Party shall guarantee to any
person with a legitimate interest in this information, such as relatives of the
person deprived of liberty, their representatives or their counsel, access to at
least the following information:
(a) The authority that ordered the deprivation of liberty;
(b) The date, time and place where the person was deprived of liberty
and admitted to the place of deprivation of liberty;
(c) The authority responsible for supervising the deprivation of liberty;
(d) The whereabouts of the person deprived of liberty, including, in the
event of a transfer to another place of deprivation of liberty, the destination and
the authority responsible for the transfer;
(e) The date, time and place of release;
(f) Elements relating to the state of health of the person deprived of
(g) In the event of death during the deprivation of liberty, the
circumstances and cause of death and the destination of the remains.
2. Appropriate measures shall be taken, where necessary, to protect the
persons referred to in paragraph 1 of this article, as well as persons
participating in the investigation, from any ill-treatment, intimidation or sanction
as a result of the search for information concerning a person deprived of liberty. 7
1. Personal information, including medical and genetic data, which is
collected and/or transmitted within the framework of the search for a
disappeared person shall not be used or made available for purposes other
than the search for the disappeared person. This is without prejudice to the use
of such information in criminal proceedings relating to an offence of enforced
disappearance or the exercise of the right to obtain reparation.
2. The collection, processing, use and storage of personal information,
including medical and genetic data, shall not infringe or have the effect of
infringing the human rights, fundamental freedoms or human dignity of an
1. Only where a person is under the protection of the law and the
deprivation of liberty is subject to judicial control may the right to information
referred to in article 18 be restricted, on an exceptional basis, where strictly
necessary and where provided for by law, and if the transmission of the
information would adversely affect the privacy or safety of the person, hinder a
criminal investigation, or for other equivalent reasons in accordance with the
law, and in conformity with applicable international law and with the objectives
of this Convention. In no case shall there be restrictions on the right to
information referred to in article 18 that could constitute conduct defined in
article 2 or be in violation of article 17, paragraph 1.
2. Without prejudice to consideration of the lawfulness of the
deprivation of a person’s liberty, States Parties shall guarantee to the persons
referred to in article 18, paragraph 1, the right to a prompt and effective judicial
remedy as a means of obtaining without delay the information referred to in
article 18, paragraph 1. This right to a remedy may not be suspended or
restricted in any circumstances.
Each State Party shall take the necessary measures to ensure that
persons deprived of liberty are released in a manner permitting reliable
verification that they have actually been released. Each State Party shall also
take the necessary measures to assure the physical integrity of such persons
and their ability to exercise fully their rights at the time of release, without
prejudice to any obligations to which such persons may be subject under
Without prejudice to article 6, each State Party shall take the necessary
measures to prevent and impose sanctions for the following conduct:
(a) Delaying or obstructing the remedies referred to in article 17,
paragraph 2 (f), and article 20, paragraph 2;
(b) Failure to record the deprivation of liberty of any person, or the
recording of any information which the official responsible for the official
register knew or should have known to be inaccurate; 8
(c) Refusal to provide information on the deprivation of liberty of a
person, or the provision of inaccurate information, even though the legal
requirements for providing such information have been met.
1. Each State Party shall ensure that the training of law enforcement
personnel, civil or military, medical personnel, public officials and other persons
who may be involved in the custody or treatment of any person deprived of
liberty includes the necessary education and information regarding the relevant
provisions of this Convention, in order to:
(a) Prevent the involvement of such officials in enforced disappearances;
(b) Emphasize the importance of prevention and investigations in
relation to enforced disappearances;
(c) Ensure that the urgent need to resolve cases of enforced
disappearance is recognized.
2. Each State Party shall ensure that orders or instructions prescribing,
authorizing or encouraging enforced disappearance are prohibited. Each State
Party shall guarantee that a person who refuses to obey such an order will not
3. Each State Party shall take the necessary measures to ensure that
the persons referred to in paragraph 1 of this article who have reason to
believe that an enforced disappearance has occurred or is planned report the
matter to their superiors and, where necessary, to the appropriate authorities or
bodies vested with powers of review or remedy.
1. For the purposes of this Convention, “victim” means the disappeared
person and any individual who has suffered harm as the direct result of an
2. Each victim has the right to know the truth regarding the
circumstances of the enforced disappearance, the progress and results of the
investigation and the fate of the disappeared person. Each State Party shall
take appropriate measures in this regard.
3. Each State Party shall take all appropriate measures to search for,
locate and release disappeared persons and, in the event of death, to locate,
respect and return their remains.
4. Each State Party shall ensure in its legal system that the victims of
enforced disappearance have the right to obtain reparation and prompt, fair
and adequate compensation.
5. The right to obtain reparation referred to in paragraph 4 of this article
covers material and moral damages and, where appropriate, other forms of
reparation such as:
(c) Satisfaction, including restoration of dignity and reputation;
(d) Guarantees of non-repetition. 9
6. Without prejudice to the obligation to continue the investigation until
the fate of the disappeared person has been clarified, each State Party shall
take the appropriate steps with regard to the legal situation of disappeared
persons whose fate has not been clarified and that of their relatives, in fields
such as social welfare, financial matters, family law and property rights.
7. Each State Party shall guarantee the right to form and participate
freely in organizations and associations concerned with attempting to establish
the circumstances of enforced disappearances and the fate of disappeared
persons, and to assist victims of enforced disappearance.
1. Each State Party shall take the necessary measures to prevent and
punish under its criminal law:
(a) The wrongful removal of children who are subjected to enforced
disappearance, children whose father, mother or legal guardian is subjected to
enforced disappearance or children born during the captivity of a mother
subjected to enforced disappearance;
(b) The falsification, concealment or destruction of documents attesting
to the true identity of the children referred to in subparagraph (a) above.
2. Each State Party shall take the necessary measures to search for
and identify the children referred to in paragraph 1 (a) of this article and to
return them to their families of origin, in accordance with legal procedures and
applicable international agreements.
3. States Parties shall assist one another in searching for, identifying
and locating the children referred to in paragraph 1 (a) of this article.
4. Given the need to protect the best interests of the children referred to
in paragraph 1 (a) of this article and their right to preserve, or to have re-
established, their identity, including their nationality, name and family relations
as recognized by law, States Parties which recognize a system of adoption or
other form of placement of children shall have legal procedures in place to
review the adoption or placement procedure, and, where appropriate, to annul
any adoption or placement of children that originated in an enforced
5. In all cases, and in particular in all matters relating to this article, the
best interests of the child shall be a primary consideration, and a child who is
capable of forming his or her own views shall have the right to express those
views freely, the views of the child being given due weight in accordance with
the age and maturity of the child.
1. A Committee on Enforced Disappearances (hereinafter referred to as
“the Committee”) shall be established to carry out the functions provided for
under this Convention. The Committee shall consist of ten experts of high
moral character and recognized competence in the field of human rights, who
shall serve in their personal capacity and be independent and impartial. The
members of the Committee shall be elected by the States Parties according to
equitable geographical distribution. Due account shall be taken of the 10
usefulness of the participation in the work of the Committee of persons having
relevant legal experience and of balanced gender representation.
2. The members of the Committee shall be elected by secret ballot from
a list of persons nominated by States Parties from among their nationals, at
biennial meetings of the States Parties convened by the Secretary-General of
the United Nations for this purpose. At those meetings, for which two thirds of
the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties present
3. The initial election shall be held no later than six months after the
date of entry into force of this Convention. Four months before the date of each
election, the Secretary-General of the United Nations shall address a letter to
the States Parties inviting them to submit nominations within three months. The
Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the State Party which nominated each candidate, and
shall submit this list to all States Parties.
4. The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election once. However, the term of five of
the members elected at the first election shall expire at the end of two years;
immediately after the first election, the names of these five members shall be
chosen by lot by the chairman of the meeting referred to in paragraph 2 of this
5. If a member of the Committee dies or resigns or for any other reason
can no longer perform his or her Committee duties, the State Party which
nominated him or her shall, in accordance with the criteria set out in
paragraph 1 of this article, appoint another candidate from among its nationals
to serve out his or her term, subject to the approval of the majority of the States
Parties. Such approval shall be considered to have been obtained unless half
or more of the States Parties respond negatively within six weeks of having
been informed by the Secretary-General of the United Nations of the proposed
6. The Committee shall establish its own rules of procedure.
7. The Secretary-General of the United Nations shall provide the
Committee with the necessary means, staff and facilities for the effective
performance of its functions. The Secretary-General of the United Nations shall
convene the initial meeting of the Committee.
8. The members of the Committee shall be entitled to the facilities,
privileges and immunities of experts on mission for the United Nations, as laid
down in the relevant sections of the Convention on the Privileges and
Immunities of the United Nations.
9. Each State Party shall cooperate with the Committee and assist its
members in the fulfilment of their mandate, to the extent of the Committee’s
functions that the State Party has accepted.
A Conference of the States Parties will take place at the earliest four years
and at the latest six years following the entry into force of this Convention to
evaluate the functioning of the Committee and to decide, in accordance with 11
+1 anno fa
La dispensa fa riferimento alle lezioni di Diritto dell'Unione Europea e fondamenti di Diritto Internazionale tenute dalla Prof. ssa Laura Pineschi nell'anno accademico 2008.
Il documento riporta il testo in inglese della Convenzione delle Nazioni Unite sulle sparizioni forzate. Il testo si compone di un preambolo e 45 articoli.
I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto dell'Unione Europea e Fondamenti di Diritto Internazionale e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Parma - Unipr o del prof Pineschi Laura.
Acquista con carta o conto PayPal
Scarica il file tutte le volte che vuoi
Paga con un conto PayPal per usufruire della garanzia Soddisfatto o rimborsato