to communicate with their family, counsel or any other person of their
choice. The Convention establishes that, when an alleged perpetrator
of an act of enforced disappearance is present in any territory under
the jurisdiction of a State Party, such State shall take such measures as
may be necessary to establish its jurisdiction over the offence, unless it
extradites or surrenders the offender to another State in accordance with
its international obligations or surrenders the offender to an international
criminal tribunal whose jurisdiction it has recognized.
One of the Convention’s major innovations is article 24, which includes
in the definition of “victim” not only the disappeared person but also
any individual who has suffered harm as the direct result of an enforced
disappearance, such as family members.
This article also establishes the right to the truth “regarding the circumstances of the enforced disappearance, the progress and results of
the investigation and the fate of the disappeared person.” Although this
right had been recognized in humanitarian law and by some international
bodies, such as the Inter-American Commission on Human Rights, the
Inter-American Court of Human Rights and the United Nations Commission
on Human Rights, the Convention is the first international human rights
instrument to expressly state it.
Article 24 also describes the right to obtain reparation, which covers
material and moral damages and includes, as appropriate, restitution,
rehabilitation, satisfaction and guarantees of non-repetition. Finally,
it requires States Parties to take appropriate steps concerning the legal
situation of the disappeared persons, particularly with regard to social
welfare, financial matters, family law and property rights. This provision
can help the families of the disappeared move on with some aspects of
their life, such as inheritance and civil status.
The final provision in Part I of the Convention concerns the wrongful
removal of children, whether they are subjected to enforced disappearance
as individuals or as a consequence of their parents’ disappearance, for
instance children who are born during the captivity of a mother subjected
to enforced disappearance. In searching and identifying such children,
States shall protect the best interests of the children, including their right to
preserve or re-establish their identity, nationality, name and family relations.
States shall also take all necessary measures to prevent and suppress the
falsification, concealment or destruction of documents attesting to the
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