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.
Article 10
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.
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.
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