Enforced Disappearance Legal Database

General Comment on Article 10 of the Declaration on the Protection of All Persons from Enforced Disappearance

Key Judgment


Legal Relevance

Judicial Protection | Deprivation of Liberty

The General Comment provides a detailed explanation on three obligations set out in Article 10 of the Declaration that are aimed at preventing enforced disappearances namely the place of detention must be a clearly identifiable and officially recognised place and information about the place of detention should be known to the family, relatives, and others concerned, and the detainee must be brought before a judicial authority without delay. These provisions cannot be suspended under any circumstances, including during states of a war or public emergency.

Judgment Date

December 13, 1996

Country

Universal

Judicial Body

Working Group on Enforced or Involuntary Disappearances

Articles violated

Article 2 [DPPED], Article 3 [DPPED], Article 10 [DPPED]

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