(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 prosecution;
(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.
Article 7
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 disappearance;
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