in the consideration of the complaint. In this case, to preserve procedural
equity, each party will be afforded an opportunity to comment on such documentation or information within fixed time limits.
F.
Procedure under the International Convention for the
Protection of All Persons from Enforced Disappearance
The International Convention for the Protection of All Persons from Enforced
Disappearance, adopted on 20 December 2006, imposes obligations on
State parties to protect all persons from enforced disappearance and to
combat impunity for the crime of enforced disappearance. The substantive
obligations are set out in Part I of the Convention (arts. 1–25). The Convention establishes an individual complaint mechanism. State parties may make
a declaration under article 31, accepting the competence of the Committee
on Enforced Disappearances—a panel of 10 independent experts meeting
twice a year—to consider complaints from individuals subject to its jurisdiction alleging violations by that State of their rights under the Convention.22
The Committee has competence solely in respect of enforced disappearances which commenced after the entry into force of the Convention. If a
State became a party to the 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 the Convention for
that State.
The Committee should be distinguished from the Working Group on Enforced or Involuntary Disappearances, a body composed of five independent experts established in 1980 by the then United Nations Commission on
Human Rights. The Working Group examines cases of enforced disappearance alleged to have occurred in any part of the world. However, contrary
to the Committee, the Working Group’s basic mandate is not to monitor
the implementation of the Convention in the State parties to it, but to assist
relatives to ascertain the fate and whereabouts of their disappeared family
members.23
Additional pointers
A complaint will be considered inadmissible if the same matter is being examined under another procedure of international investigation or settlement
of the same nature.
When the Committee communicates a complaint to a State party, the latter
must provide, within four months, written explanations or statements that relate
For more information about the Committee on Enforced Disappearances, see its web page:
www.ohchr.org/EN/HRBodies/CED/Pages/CEDIndex.aspx (accessed 28 March 2013).
23
See OHCHR Fact Sheet No. 6.
22
19
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