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

Key Judgment

Legal Relevance

Keywords: Deprivation of Liberty | Judicial Protection

Themes: Prevention

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.