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(iii) Failed to take all necessary and reasonable measures within his or her power to

prevent or repress the commission of an enforced disappearance or to submit

the matter to the competent authorities for investigation and prosecution;

(c) Subparagraph (b) above is without prejudice to the higher standards of

responsibility applicable under relevant international law to a military commander or

to a person effectively acting as a military commander.

2. No order or instruction from any public authority, civilian, military or other, may be

invoked to justify an offence of enforced disappearance.

Article 7

1. Each State Party shall make the offence of enforced disappearance punishable by

appropriate penalties which take into account its extreme seriousness.

2. Each State Party may establish:

(a) Mitigating circumstances, in particular for persons who, having been implicated in

the commission of an enforced disappearance, effectively contribute to bringing the

disappeared person forward alive or make it possible to clarify cases of enforced

disappearance or to identify the perpetrators of an enforced disappearance;

(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.

12 DE JULHO DE 2013_____________________________________________________________________________________________________________

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