its international obligations or surrenders him or her to an international criminal tribunal whose jurisdiction it
has recognized.
3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with national
law.
Article 10
1. Upon being satisfied, after an examination of the information available to it, that the circumstances so
warrant, any State Party in whose territory a person suspected of having committed an offence of enforced
disappearance is present shall take him or her into custody or take such other legal measures as are necessary
to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that
State Party but may be maintained only for such time as is necessary to ensure the person’s presence at
criminal, surrender or extradition proceedings.
2. A State Party which has taken the measures referred to in paragraph 1 of this article shall immediately carry
out a preliminary inquiry or investigations to establish the facts. It shall notify the States Parties referred to in
article 9, paragraph 1, of the measures it has taken in pursuance of paragraph 1 of this article, including
detention and the circumstances warranting detention, and of the findings of its preliminary inquiry or its
investigations, indicating whether it intends to exercise its jurisdiction.
3. Any person in custody pursuant to paragraph 1 of this article may communicate immediately with the
nearest appropriate representative of the State of which he or she is a national, or, if he or she is a stateless
person, with the representative of the State where he or she usually resides.
Article 11
1. The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of
enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another
State in accordance with its international obligations or surrender him or her to an international criminal
tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of
prosecution.
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:
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