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.
Article 12
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
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