International Convention for the Protection of All Persons from Enforced
Disappearance
Preamble
The States Parties to this Convention,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights and
fundamental freedoms,
Having regard to the Universal Declaration of Human Rights,
Recalling the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights and the other
relevant international instruments in the fields of human rights, humanitarian
law and international criminal law,
Also recalling the Declaration on the Protection of All Persons from
Enforced Disappearance adopted by the General Assembly of the United
Nations in its resolution 47/133 of 18 December 1992,
Aware of the extreme seriousness of enforced disappearance, which
constitutes a crime and, in certain circumstances defined in international law, a
crime against humanity,
Determined to prevent enforced disappearances and to combat impunity
for the crime of enforced disappearance,
Considering the right of any person not to be subjected to enforced
disappearance, the right of victims to justice and to reparation,
Affirming the right of any victim to know the truth about the circumstances
of an enforced disappearance and the fate of the disappeared person, and the
right to freedom to seek, receive and impart information to this end,
Have agreed on the following articles:
Part I
Article 1
1.
No one shall be subjected to enforced disappearance.
2. No exceptional circumstances whatsoever, whether a state of war or
a threat of war, internal political instability or any other public emergency, may
be invoked as a justification for enforced disappearance.
Article 2
For the purposes of this Convention, “enforced disappearance” is
considered to be the arrest, detention, abduction or any other form of
deprivation of liberty by agents of the State or by persons or groups of persons
acting with the authorization, support or acquiescence of the State, followed by
a refusal to acknowledge the deprivation of liberty or by concealment of the
fate or whereabouts of the disappeared person, which place such a person
outside the protection of the law.
Article 3
Each State Party shall take appropriate measures to investigate acts
defined in article 2 committed by persons or groups of persons acting without