warranting detention, and of the findings of its preliminary inquiry or its
investigations, indicating whether it intends to exercise its jurisdiction.
3. Any person in custody pursuant to paragraph 1 of this article may
communicate immediately with the nearest appropriate representative of the
State of which he or she is a national, or, if he or she is a stateless person, with
the representative of the State where he or she usually resides.
Article 11
1. The State Party in the territory under whose jurisdiction a person
alleged to have committed an offence of enforced disappearance is found shall,
if it does not extradite that person or surrender him or her to another State in
accordance with its international obligations or surrender him or her to an
international criminal tribunal whose jurisdiction it has recognized, submit the
case to its competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in
the case of any ordinary offence of a serious nature under the law of that State
Party. In the cases referred to in article 9, paragraph 2, the standards of
evidence required for prosecution and conviction shall in no way be less
stringent than those which apply in the cases referred to in article 9,
paragraph 1.
3. Any person against whom proceedings are brought in connection
with an offence of enforced disappearance shall be guaranteed fair treatment
at all stages of the proceedings. Any person tried for an offence of enforced
disappearance shall benefit from a fair trial before a competent, independent
and impartial court or tribunal established by law.
Article 12
1. Each State Party shall ensure that any individual who alleges that a
person has been subjected to enforced disappearance has the right to report
the facts to the competent authorities, which shall examine the allegation
promptly and impartially and, where necessary, undertake without delay a
thorough and impartial investigation. Appropriate steps shall be taken, where
necessary, to ensure that the complainant, witnesses, relatives of the
disappeared person and their defence counsel, as well as persons participating
in the investigation, are protected against all ill-treatment or intimidation as a
consequence of the complaint or any evidence given.
2. Where there are reasonable grounds for believing that a person has
been subjected to enforced disappearance, the authorities referred to in
paragraph 1 of this article shall undertake an investigation, even if there has
been no formal complaint.
3. Each State Party shall ensure that the authorities referred to in
paragraph 1 of this article:
(a) Have the necessary powers and resources to conduct the
investigation effectively, including access to the documentation and other
information relevant to their investigation;
(b) Have access, if necessary with the prior authorization of a judicial
authority, which shall rule promptly on the matter, to any place of detention or
any other place where there are reasonable grounds to believe that the
disappeared person may be present.
4