(b) Without prejudice to other criminal procedures, aggravating
circumstances, in particular in the event of the death of the disappeared
person or the commission of an enforced disappearance in respect of
pregnant women, minors, persons with disabilities or other particularly
vulnerable persons.
Article 8
Without prejudice to article 5,
1. A State Party which applies a statute of limitations in respect of
enforced disappearance shall take the necessary measures to ensure that
the term of limitation for criminal proceedings:
(a) Is of long duration and is proportionate to the extreme seriousness
of this offence;
(b) Commences from the moment when the offence of enforced
disappearance ceases, taking into account its continuous nature.
2. Each State Party shall guarantee the right of victims of enforced
disappearance to an effective remedy during the term of limitation.
Article 9
1. Each State Party shall take the necessary measures to establish
its competence to exercise jurisdiction over the offence of enforced
disappearance:
(a) When the offence is committed in any territory under its
jurisdiction or on board a ship or aircraft registered in that State;
(b) When the alleged offender is one of its nationals;
(c) When the disappeared person is one of its nationals and the State
Party considers it appropriate.
2. Each State Party shall likewise take such measures as may be
necessary to establish its competence to exercise jurisdiction over the
offence of enforced disappearance when the alleged offender is present
in any territory under its jurisdiction, unless it extradites or surrenders him
or her to another State in accordance with its international obligations
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