II. DECLARATION ON THE PROTECTION OF ALL
PERSONS FROM ENFORCED DISAPPEARANCE
On 18 December 1992 the General Assembly, by resolution 47/133,
proclaimed the Declaration on the Protection of All Persons from Enforced
Disappearance as a body of principles for all States.
The preamble to the Declaration recalls that the acts which comprise
enforced disappearance constitute a violation of the prohibitions found
in other international instruments, including the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, and
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. It states, however, that it is nonetheless
important to devise an instrument which characterizes all acts of enforced
disappearance of persons as very serious offences and sets forth standards
designed to punish and prevent their commission. The preamble also
recalls that the systematic practice of enforced disappearance is of the
nature of a crime against humanity.
According to the Declaration, any act of enforced disappearance
constitutes a violation of the rules of international law guaranteeing,
inter alia, the right to recognition as a person before the law, the right
to liberty and security of the person and the right not to be subjected to
torture and other cruel, inhuman or degrading treatment or punishment.
It also violates or constitutes a grave threat to the right to life. States are
under an obligation to take effective legislative, administrative, judicial or
other measures to prevent and terminate acts of enforced disappearance,
in particular to consider them a continuing offence and to establish civil
liability.
The Declaration also refers to the right to a prompt and effective judicial
remedy as a means of determining the whereabouts or state of health of
persons deprived of their liberty, as well as unhampered access by national
authorities to all places of detention, the maintenance of centralized
registers of all persons in detention, the duty to investigate fully all
alleged cases of disappearance and the duty to try alleged perpetrators of
disappearances before competent ordinary courts and not special tribunals,
in particular military courts. All persons involved in the investigation of
cases of enforced disappearance shall be protected against ill-treatment,
intimidation or reprisal. Statutes of limitations relating to acts of enforced
disappearance shall be substantial and commensurate with the extreme
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