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:

(a) Have the necessary powers and resources to conduct the investigation effectively,

including access to the documentation and other information relevant to their

investigation;

(b) Have access, if necessary with the prior authorization of a judicial authority, which

shall rule promptly on the matter, to any place of detention or any other place where

there are reasonable grounds to believe that the disappeared person may be present.

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