International Convention for the Protection of All
Persons from Enforced Disappearance
Adopted and opened for signature and ratification by General Assembly resolution 61/177 of 20 December 2006
Entry into force 23 December 2010
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
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
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:
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.
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.
Each State Party shall take appropriate measures to investigate acts defined
in article 2 committed by persons or groups of persons acting without the
authorization, support or acquiescence of the State and to bring those responsible
Each State Party shall take the necessary measures to ensure that enforced
disappearance constitutes an offence under its criminal law.
The widespread or systematic practice of enforced disappearance constitutes
a crime against humanity as defined in applicable international law and shall
attract the consequences provided for under such applicable international
1. Each State Party shall take the necessary measures to hold criminally
responsible at least:
(a) Any person who commits, orders, solicits or induces the commission of,
attempts to commit, is an accomplice to or participates in an enforced disappearance;
(b) A superior who:
(i) Knew, or consciously disregarded information which clearly indicated,
that subordinates under his or her effective authority and control were committing
or about to commit a crime of enforced disappearance;
(ii) Exercised effective responsibility for and control over activities which
were concerned with the crime of enforced disappearance; and
(iii) Failed to take all necessary and reasonable measures within his or
her power to prevent or repress the commission of an enforced disappearance
or to submit the matter to the competent authorities for investigation and
(c) Subparagraph (b) above is without prejudice to the higher standards of
responsibility applicable under relevant international law to a military commander
or to a person effectively acting as a military commander.
2. No order or instruction from any public authority, civilian, military
or other, may be invoked to justify an offence of enforced disappearance.
1. Each State Party shall make the offence of enforced disappearance punishable
by appropriate penalties which take into account its extreme seriousness.
2. Each State Party may establish:
(a) Mitigating circumstances, in particular for persons who, having been
implicated in the commission of an enforced disappearance, effectively contribute
to bringing the disappeared person forward alive or make it possible to clarify
cases of enforced disappearance or to identify the perpetrators of an enforced
(b) Without prejudice to other criminal procedures, aggravating circumstances,
in particular in the event of the death of the disappeared person or the commission
of an enforced disappearance in respect of pregnant women, minors, persons
with disabilities or other particularly vulnerable persons.
Without prejudice to article 5,
1. A State Party which applies a statute of limitations in respect of enforced
disappearance shall take the necessary measures to ensure that the term of
limitation for criminal proceedings:
(a) Is of long duration and is proportionate to the extreme seriousness of
(b) Commences from the moment when the offence of enforced disappearance
ceases, taking into account its continuous nature.
2. Each State Party shall guarantee the right of victims of enforced disappearance
to an effective remedy during the term of limitation.
1. Each State Party shall take the necessary measures to establish its competence
to exercise jurisdiction over the offence of enforced disappearance:
(a) When the offence is committed in any territory under its jurisdiction
or on board a ship or aircraft registered in that State;
(b) When the alleged offender is one of its nationals;
(c) When the disappeared person is one of its nationals and the State Party
considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary
to establish its competence to exercise jurisdiction over the offence of enforced
disappearance when the alleged offender is present in any territory under
its jurisdiction, unless it extradites or surrenders him or her to another
State in accordance with its international obligations or surrenders him or
her to an international criminal tribunal whose jurisdiction it has recognized.
3. This Convention does not exclude any additional criminal jurisdiction
exercised in accordance with national law.
1. Upon being satisfied, after an examination of the information available
to it, that the circumstances so warrant, any State Party in whose territory
a person suspected of having committed an offence of enforced disappearance
is present shall take him or her into custody or take such other legal measures
as are necessary to ensure his or her presence. The custody and other legal
measures shall be as provided for in the law of that State Party but may be
maintained only for such time as is necessary to ensure the person’s
presence at criminal, surrender or extradition proceedings.
2. A State Party which has taken the measures referred to in paragraph 1
of this article shall immediately carry out a preliminary inquiry or investigations
to establish the facts. It shall notify the States Parties referred to in
article 9, paragraph 1, of the measures it has taken in pursuance of paragraph
1 of this article, including detention and the circumstances 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.
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.
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. 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
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 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
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
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
(a) Establish the conditions under which orders of deprivation of liberty
may be given;
(b) Indicate those authorities authorized to order the deprivation of liberty;
(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 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 liberty;
(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 liberty;
(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.
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 individual.
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 national law.
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;
(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
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 be punished.
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
(c) Satisfaction, including restoration of dignity and reputation;
(d) Guarantees of non-repetition.
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
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
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 and
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 article.
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 the procedure described in article 44, paragraph 2, whether it is appropriate
to transfer to another body - without excluding any possibility - the monitoring
of this Convention, in accordance with the functions defined in articles 28
1. In the framework of the competencies granted by this Convention, the Committee
shall cooperate with all relevant organs, offices and specialized agencies
and funds of the United Nations, with the treaty bodies instituted by international
instruments, with the special procedures of the United Nations and with the
relevant regional intergovernmental organizations or bodies, as well as with
all relevant State institutions, agencies or offices working towards the protection
of all persons against enforced disappearances.
2. As it discharges its mandate, the Committee shall consult other treaty
bodies instituted by relevant international human rights instruments, in particular
the Human Rights Committee instituted by the International Covenant on Civil
and Political Rights, with a view to ensuring the consistency of their respective
observations and recommendations.
1. Each State Party shall submit to the Committee, through the Secretary-General
of the United Nations, a report on the measures taken to give effect to its
obligations under this Convention, within two years after the entry into force
of this Convention for the State Party concerned.
2. The Secretary-General of the United Nations shall make this report available
to all States Parties.
3. Each report shall be considered by the Committee, which shall issue such
comments, observations or recommendations as it may deem appropriate. The
comments, observations or recommendations shall be communicated to the State
Party concerned, which may respond to them, on its own initiative or at the
request of the Committee.
4. The Committee may also request States Parties to provide additional information
on the implementation of this Convention.
1. A request that a disappeared person should be sought and found may be
submitted to the Committee, as a matter of urgency, by relatives of the disappeared
person or their legal representatives, their counsel or any person authorized
by them, as well as by any other person having a legitimate interest.
2. If the Committee considers that a request for urgent action submitted
in pursuance of paragraph 1 of this article:
(a) Is not manifestly unfounded;
(b) Does not constitute an abuse of the right of submission of such requests;
(c) Has already been duly presented to the competent bodies of the State
Party concerned, such as those authorized to undertake investigations, where
such a possibility exists;
(d) Is not incompatible with the provisions of this Convention; and
(e) The same matter is not being examined under another procedure of international
investigation or settlement of the same nature;
it shall request the State Party concerned to provide it with information
on the situation of the persons sought, within a time limit set by the Committee.
3. In the light of the information provided by the State Party concerned
in accordance with paragraph 2 of this article, the Committee may transmit
recommendations to the State Party, including a request that the State Party
should take all the necessary measures, including interim measures, to locate
and protect the person concerned in accordance with this Convention and to
inform the Committee, within a specified period of time, of measures taken,
taking into account the urgency of the situation. The Committee shall inform
the person submitting the urgent action request of its recommendations and
of the information provided to it by the State as it becomes available.
4. The Committee shall continue its efforts to work with the State Party
concerned for as long as the fate of the person sought remains unresolved.
The person presenting the request shall be kept informed.
1. A State Party may at the time of ratification of this Convention or at
any time afterwards declare that it recognizes the competence of the Committee
to receive and consider communications from or on behalf of individuals subject
to its jurisdiction claiming to be victims of a violation by this State Party
of provisions of this Convention. The Committee shall not admit any communication
concerning a State Party which has not made such a declaration.
2. The Committee shall consider a communication inadmissible where:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of
such communications or is incompatible with the provisions of this Convention;
(c) The same matter is being examined under another procedure of international
investigation or settlement of the same nature; or where
(d) All effective available domestic remedies have not been exhausted. This
rule shall not apply where the application of the remedies is unreasonably
3. If the Committee considers that the communication meets the requirements
set out in paragraph 2 of this article, it shall transmit the communication
to the State Party concerned, requesting it to provide observations and comments
within a time limit set by the Committee.
4. At any time after the receipt of a communication and before a determination
on the merits has been reached, the Committee may transmit to the State Party
concerned for its urgent consideration a request that the State Party will
take such interim measures as may be necessary to avoid possible irreparable
damage to the victims of the alleged violation. Where the Committee exercises
its discretion, this does not imply a determination on admissibility or on
the merits of the communication.
5. The Committee shall hold closed meetings when examining communications
under the present article. It shall inform the author of a communication of
the responses provided by the State Party concerned. When the Committee decides
to finalize the procedure, it shall communicate its views to the State Party
and to the author of the communication.
A State Party to this Convention may at any time declare that it recognizes
the competence of the Committee to receive and consider communications in
which a State Party claims that another State Party is not fulfilling its
obligations under this Convention. The Committee shall not receive communications
concerning a State Party which has not made such a declaration, nor communications
from a State Party which has not made such a declaration.
1. If the Committee receives reliable information indicating that a State
Party is seriously violating the provisions of this Convention, it may, after
consultation with the State Party concerned, request one or more of its members
to undertake a visit and report back to it without delay.
2. The Committee shall notify the State Party concerned, in writing, of its
intention to organize a visit, indicating the composition of the delegation
and the purpose of the visit. The State Party shall answer the Committee within
a reasonable time.
3. Upon a substantiated request by the State Party, the Committee may decide
to postpone or cancel its visit.
4. If the State Party agrees to the visit, the Committee and the State Party
concerned shall work together to define the modalities of the visit and the
State Party shall provide the Committee with all the facilities needed for
the successful completion of the visit.
5. Following its visit, the Committee shall communicate to the State Party
concerned its observations and recommendations.
If the Committee receives information which appears to it to contain well-founded
indications that enforced disappearance is being practised on a widespread
or systematic basis in the territory under the jurisdiction of a State Party,
it may, after seeking from the State Party concerned all relevant information
on the situation, urgently bring the matter to the attention of the General
Assembly of the United Nations, through the Secretary-General of the United
1. The Committee shall have competence solely in respect of enforced disappearances
which commenced after the entry into force of this Convention.
2. If a State becomes a party to this Convention after its entry into force,
the obligations of that State vis-à-vis the Committee shall relate
only to enforced disappearances which commenced after the entry into force
of this Convention for the State concerned.
1. The Committee shall submit an annual report on its activities under this
Convention to the States Parties and to the General Assembly of the United
2. Before an observation on a State Party is published in the annual report,
the State Party concerned shall be informed in advance and shall be given
reasonable time to answer. This State Party may request the publication of
its comments or observations in the report.
Nothing in this Convention shall affect any provisions which are more conducive
to the protection of all persons from enforced disappearance and which may
be contained in:
(a) The law of a State Party;
(b) International law in force for that State.
1. This Convention is open for signature by all Member States of the United
2. This Convention is subject to ratification by all Member States of the
United Nations. Instruments of ratification shall be deposited with the Secretary-General
of the United Nations.
3. This Convention is open to accession by all Member States of the United
Nations. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General.
1. This Convention shall enter into force on the thirtieth day after the
date of deposit with the Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit
of the twentieth instrument of ratification or accession, this Convention
shall enter into force on the thirtieth day after the date of the deposit
of that State’s instrument of ratification or accession.
The Secretary-General of the United Nations shall notify all States Members
of the United Nations and all States which have signed or acceded to this
Convention of the following:
(a) Signatures, ratifications and accessions under article 38;
(b) The date of entry into force of this Convention under article 39.
The provisions of this Convention shall apply to all parts of federal States
without any limitations or exceptions.
1. Any dispute between two or more States Parties concerning the interpretation
or application of this Convention which cannot be settled through negotiation
or by the procedures expressly provided for in this Convention shall, at the
request of one of them, be submitted to arbitration. If within six months
from the date of the request for arbitration the Parties are unable to agree
on the organization of the arbitration, any one of those Parties may refer
the dispute to the International Court of Justice by request in conformity
with the Statute of the Court.
2. A State may, at the time of signature or ratification of this Convention
or accession thereto, declare that it does not consider itself bound by paragraph
1 of this article. The other States Parties shall not be bound by paragraph
1 of this article with respect to any State Party having made such a declaration.
3. Any State Party having made a declaration in accordance with the provisions
of paragraph 2 of this article may at any time withdraw this declaration by
notification to the Secretary-General of the United Nations.
This Convention is without prejudice to the provisions of international humanitarian
law, including the obligations of the High Contracting Parties to the four
Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto
of 8 June 1977, or to the opportunity available to any State Party to authorize
the International Committee of the Red Cross to visit places of detention
in situations not covered by international humanitarian law.
1. Any State Party to this Convention may propose an amendment and file it
with the Secretary-General of the United Nations. The Secretary-General shall
thereupon communicate the proposed amendment to the States Parties to this
Convention with a request that they indicate whether they favour a conference
of States Parties for the purpose of considering and voting upon the proposal.
In the event that within four months from the date of such communication at
least one third of the States Parties favour such a conference, the Secretary-General
shall convene the conference under the auspices of the United Nations.
2. Any amendment adopted by a majority of two thirds of the States Parties
present and voting at the conference shall be submitted by the Secretary-General
of the United Nations to all the States Parties for acceptance.
3. An amendment adopted in accordance with paragraph 1 of this article
shall enter into force when two thirds of the States Parties to this Convention
have accepted it in accordance with their respective constitutional processes.
4. When amendments enter into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by
the provisions of this Convention and any earlier amendment which they have
1. This Convention, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies
of this Convention to all States referred to in article 38.