4. The findings of such an investigation shall be made available
upon request to all persons concerned, unless doing so would jeopardize
an ongoing criminal investigation.
5. Steps shall be taken to ensure that any ill-treatment, intimidation
or reprisal or any other form of interference on the occasion of the lodging
of a complaint or during the investigation procedure is appropriately
punished.
6. An investigation, in accordance with the procedures described
above, should be able to be conducted for as long as the fate of the victim
of enforced disappearance remains unclarified.
Article 14
Any person alleged to have perpetrated an act of enforced
disappearance in a particular State shall, when the facts disclosed by an
official investigation so warrant, be brought before the competent civil
authorities of that State for the purpose of prosecution and trial unless
he has been extradited to another State wishing to exercise jurisdiction
in accordance with the relevant international agreements in force. All
States should take any lawful and appropriate action available to them to
bring to justice all persons presumed responsible for an act of enforced
disappearance, who are found to be within their jurisdiction or under their
control.
Article 15
The fact that there are grounds to believe that a person has participated
in acts of an extremely serious nature such as those referred to in article 4,
paragraph 1, above, regardless of the motives, shall be taken into account
when the competent authorities of the State decide whether or not to
grant asylum.
Article 16
1. Persons alleged to have committed any of the acts referred to in
article 4, paragraph 1, above, shall be suspended from any official duties
during the investigation referred to in article 13 above.
2. They shall be tried only by the competent ordinary courts in each
State, and not by any other special tribunal, in particular military courts.
37
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