On the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance

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Law of the Republic of Kazakhstan dated December 15, 2008 No. 104-IV

To ratify the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York on December 20, 2006. President of the Republic of Kazakhstan N. Nazarbayev

INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCE United Nations 2007

THE PREAMBLE

The States Parties to this Convention,

Bearing in mind that, according to the Charter of the United Nations, States have an obligation to promote universal respect for and observance of human rights and fundamental freedoms,

Guided by the Universal Declaration of Human Rights,

Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant international treaties in the fields of human rights, humanitarian law and international criminal law,

Recalling also the Declaration on the Protection of All Persons from Enforced Disappearance, adopted by the United Nations General Assembly in its resolution 47/133 of 18 December 1992,

Aware of the extreme seriousness of enforced disappearances, which constitute a crime and, under certain circumstances stipulated in international law, a crime against humanity,

Determined to prevent enforced disappearances and to combat impunity in the commission of the crime of enforced disappearance,

Aware of the right of everyone not to be subjected to enforced disappearance and the right of victims to justice and reparation,

Reaffirming the right of any victim to know the truth about the circumstances of enforced disappearance and the fate of the disappeared person, as well as the right to freely collect, receive and disseminate information for this purpose,

We have agreed on the following:

PART ONE

Article 1

1. No one may be subjected to enforced disappearance. 2. No exceptional circumstances, whatever they may be, be it a state of war or the threat of war, internal political instability or any other state of emergency, can serve as a justification for enforced disappearance.

Article 2

For the purposes of this Convention, enforced disappearance is defined as the arrest, detention, abduction or deprivation of liberty in any other form by representatives of the State or by persons or groups of persons acting with the permission, support or consent of the State, with subsequent refusal to acknowledge the deprivation of liberty or concealment of information about the fate or whereabouts of the disappeared person, as a result of which that person left without the protection of the law.

Article 3

Each State Party shall take appropriate measures to investigate acts defined in article 2 that are committed by individuals or groups of individuals acting without the authorization, support or consent of the State, and to bring to justice those responsible.

Article 4

Each State Party shall take the necessary measures to ensure that enforced disappearance is recognized as an offence in its criminal law.

Article 5

Widespread or systematic practice of enforced disappearance is a crime against humanity, as defined in applicable international law, and entails consequences provided for by such applicable international law.

Article 6

1. Each State Party shall take the necessary measures to bring to criminal responsibility at least: (a) Any person who commits, orders, incites or induces an act of enforced disappearance, attempts to commit it, is an accomplice or participates in it; (b) A superior who: (i) knew that subordinates under his effective authority and control had committed or intended to commit a crime of enforced disappearance, or deliberately ignored information clearly indicating this; (ii) had actual responsibility and exercised effective control over the activities associated with the crime of enforced disappearance; and who (iii) has not taken all necessary and reasonable measures within his authority to prevent or suppress the commission of an act of enforced disappearance or to refer the matter to the competent authorities for investigation and criminal prosecution. (c) Subparagraph (b) above applies without prejudice to the relevant stricter rules on liability applicable in international law to a military commander or a person actually exercising the functions of a military commander. 2. No order or instruction emanating from a State, civilian, military or other body can serve as justification for the crime of enforced disappearance.

Article 7

1. Each State party shall provide for appropriate penalties for the crime of enforced disappearance, taking into account its extreme seriousness. 2. Each State Party may provide for: (a) Mitigating circumstances, in particular for persons who, being involved in the commission of an act of enforced disappearance, actually contributed to the return of the disappeared person alive or helped clarify the circumstances of the enforced disappearance or identify the perpetrators of the act of enforced disappearance.; (b) Without prejudice to other criminal proceedings, aggravating circumstances, in particular in the case of the death of a disappeared person or in the case of the commission of an act of enforced disappearance against pregnant women, minors, persons with disabilities or other particularly vulnerable persons.

Article 8

Without prejudice to articles 5, 1. Each State Party that applies the statute of limitations in relation to acts of enforced disappearance shall take the necessary measures to ensure that the statute of limitations in criminal proceedings: (a) Was prolonged and commensurate with the extreme seriousness of the crime; (b) Began to be calculated from the moment when the crime of enforced disappearance becomes complete, taking into account its continuing nature. 2. Each State Party guarantees the right of victims of enforced disappearance to an effective remedy during the limitation period.

Article 9

1. Each State Party shall take the necessary measures to establish its competence to exercise jurisdiction over the crime of enforced disappearance: (a) when the crime is committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State; (b) when the alleged offender is a national of that State; (c) when the disappeared person the person is a citizen of the given State and if the given State considers it appropriate. 2. Each State Party shall also take the necessary measures to establish its competence to exercise jurisdiction over the crime of enforced disappearance when the alleged offender is present in any territory under its jurisdiction, unless it extradites or transfers him to another State in accordance with its international obligations or transfers him to the International Criminal Court, jurisdiction which it recognizes. 3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with domestic law.

Article 10

1. Each State Party in whose territory a person suspected of having committed an offence of enforced disappearance is present shall ensure that the person concerned is detained or take all other legal measures necessary to ensure his presence if, after reviewing the information at its disposal, it considers that the circumstances so require. Such detention and such other legal measures shall be carried out in accordance with the law of that State Party and only for the period necessary to ensure his presence in connection with criminal proceedings, transfer or extradition proceedings. 2. A State Party that has taken the measures provided for in paragraph 1 of this article shall immediately conduct a preliminary investigation or fact-finding investigation. It shall inform the States Parties referred to in article 9, paragraph 1, of the measures it has taken in implementation of paragraph 1 of this article, in particular of the detention and the circumstances on the basis of which it was carried out, as well as of the conclusions reached during its preliminary investigation or investigation, notifying their question is whether it intends to exercise its jurisdiction. 3. Any person detained pursuant to paragraph 1 of this article may immediately contact the nearest authorized representative of the State of which he is a national or, in the case of a stateless person, a representative of the State of his habitual residence.

Article 11

1. If the alleged perpetrator of the crime of enforced disappearance is found in a territory under the jurisdiction of a State Party, and if that State does not extradite the person in question or transfer him to another State in accordance with its international obligations or to the international criminal court, whose jurisdiction it recognizes, it shall forward the case to its competent authorities for criminal prosecution.. 2. These authorities shall take their decision in the same manner as in the case of any serious ordinary criminal offence, in accordance with the legislation of that State Party. In the cases provided for in paragraph 2 of article 9, the rules of evidence applied in the context of criminal prosecution and conviction are in no way less stringent than the rules of evidence applied in the cases provided for in paragraph 1 of this article. 3. Any person prosecuted for the commission of a crime of enforced disappearance enjoys the guarantee of fair treatment at all stages of the judicial proceedings. Any person brought to trial for the crime of enforced disappearance has the right to a fair hearing by a competent, independent and impartial court or tribunal established by law.

Article 12

1. Each State Party guarantees any person who claims that a person has been the victim of enforced disappearance the right to submit relevant facts to the competent authorities, which promptly and impartially examine the allegation and, if necessary, promptly conduct a thorough and impartial investigation. If necessary, appropriate measures are taken to ensure the protection of the applicant, witnesses, relatives of the disappeared person and their counsel, as well as persons involved in the investigation, from any form of ill-treatment or intimidation resulting from the filing of a complaint or giving evidence. 2. In all cases where there are reasonable grounds to believe that a person has been forcibly disappeared, the authorities referred to in paragraph 1 of this article shall conduct an investigation even in the absence of an official 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 for the effective conduct of investigations, including access to documentation and other information relevant to their investigation; (b) have access, if necessary with the prior authorization of the court, provided to them as soon as possible, to any place of detention or any other place where there are reasonable grounds to believe that the disappeared person is located there. 4. Each State Party shall take the necessary measures to prevent and punish acts that interfere with the investigation. In particular, it ensures that persons suspected of having committed the crime of enforced disappearance are not in a position to influence the course of the investigation through pressure, intimidation or harassment against the applicant, witnesses, relatives of the disappeared person and their lawyer, as well as persons who participate in the investigation.

Article 13

1. For the purposes of extradition between participating States, the crime of enforced disappearance is not considered a political crime, an offence related to a political crime, or an offence committed for political reasons. As a result, an extradition request related to this crime cannot be rejected on this basis alone. 2. The offence of enforced disappearance shall be deemed to be included as an extraditable offence in any extradition treaty concluded between the States Parties prior to the entry into force of this Convention. 3. The Participating States undertake to include the crime of enforced disappearance as an extraditable offence in any extradition treaty concluded between them subsequently. 4. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention, in relation to the crime of enforced disappearance, as the necessary legal basis for extradition. 5. States Parties that do not make extradition conditional on the existence of a treaty shall consider the crime of enforced disappearance as an extraditable offence between themselves. 6. Extradition shall in all cases be carried out in accordance with the conditions provided for by the law of the State Party to which extradition is requested or applicable extradition treaties, including, in particular, in accordance with the conditions relating to the minimum penalty required for the purposes of extradition or the reasons why the State party, The person who is being asked for extradition may be refused or subject to certain conditions. 7. Nothing in this Convention shall be interpreted as obliging a State Party to which an extradition request has been made to extradite if it has serious grounds to believe that the request has been submitted for the purpose of prosecuting or punishing a person on the basis of his or her sex, race, religion, nationality, ethnic origin, political beliefs, etc. views or membership in a particular social group, or that the satisfaction of the specified request may harm this person for any of these reasons.

Article 14

1. States Parties shall provide the fullest possible mutual legal assistance in criminal cases initiated in connection with the crime of enforced disappearance, including the provision of all evidence at their disposal necessary for the proceedings. 2. This mutual legal assistance shall be provided in accordance with the conditions provided for by the domestic law of the requested State Party or applicable treaties on mutual legal assistance, including, in particular, conditions relating to the reasons why the requested State Party may refuse to provide mutual legal assistance or stipulate any conditions.

Article 15

The Participating States shall cooperate with each other and provide each other with the fullest possible assistance in assisting victims of enforced disappearances, in the search, location and release of disappeared persons, and in the event of death, in the exhumation, identification of the disappeared and the return of their remains.

Article 16

1. No State Party shall expel, return, transfer or extradite a person to another State if there are substantial grounds for believing that he or she would be in danger of becoming a victim of enforced disappearance there. 2. To determine whether such grounds exist, the competent authorities shall take into account all relevant circumstances, including, where appropriate, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights or gross violations of international humanitarian law.

Article 17

1. No one should be detained in secret. 2. Without prejudice to the State Party's other international obligations relating to deprivation of liberty, each State Party shall, in its legislation: (a) Determine the conditions under which orders of deprivation of liberty may be given; (b) Designate authorities authorized to issue orders of deprivation of liberty; (c) Ensure that any person deprived of liberty is held exclusively in officially recognized and controlled places of detention; (d) Ensures that any person deprived of his liberty is allowed to contact and visit his family, lawyer or any other person of his choice solely in accordance with the conditions established by law, and, in the case of a foreigner, contacts with consular authorities in accordance with applicable international law; (e) Guarantees access to to places of detention of any competent authorities and institutions authorized by law, if necessary, with the prior permission of the judicial authority.; (f) Guarantees to every person deprived of liberty and, in case of suspicion of enforced disappearance, to any person with a legitimate interest, such as relatives of the person deprived of liberty, their representatives or their lawyer, if the person deprived of liberty is unable to do so independently, in all circumstances, the right to appeal to the court, with so that this court can promptly rule on the legality of the deprivation of liberty and order release if the deprivation of liberty is unlawful. 3. Each State Party shall ensure the compilation and regular updating of one or more official registers and/or official dossiers of persons deprived of liberty, which, upon request, are promptly made available to any judicial authority or any other competent authority or institution authorized by the legislation of the relevant State Party or other relevant international legal treaty to which it is a party. the relevant State. These registers or dossiers should include at least: (a) the personal data of the person deprived of liberty; (b) the date, time and place of the person's imprisonment and the authority that detained the person; (c) the authority that made the decision on the deprivation of liberty and the reasons for the deprivation of liberty; (d) the authority responsible for monitoring (e) The place of detention, the date and time when the person was admitted to the place of detention and the authority responsible for the place of detention; (f) Information concerning the state of health of the person deprived of liberty; (g) In the case of death in custody, the circumstances and causes of death and the destination of the deceased person's remains; (h) The date and time of release or transfer to another place of detention, the destination and the authority responsible for such transfer.

Article 18

1. Subject to articles 19 and 20, each State Party shall guarantee to any person who has a legitimate interest in this information, such as relatives of a person deprived of liberty, their representatives or their lawyer, access to at least the following information: (a) the authority that issued the decision on the deprivation of liberty; (b) the date, time and the place of deprivation of liberty and admission to the place of detention; c) the body responsible for monitoring the detention; (d) The location of the person deprived of liberty, including, in the case of transfer to another place of detention, the destination and the authority responsible for the transfer; (e) The date, time and place of release; (f) Information regarding the state of health of the person deprived of liberty; (g) in the event of death during detention in custody - the circumstances and causes of death and the destination of the deceased person's remains. 2. If necessary, appropriate measures shall be taken to ensure the protection of the persons referred to in paragraph 1 of this article, as well as persons participating in the investigation, from any ill-treatment, any form of intimidation and any punishment resulting from the search for information concerning a person deprived of liberty.

Article 19

1. Personal information, including medical or genetic data, which is collected and/or transmitted as part of the search for a disappeared person, may not be used or provided for purposes other than for the purpose of searching for a disappeared person. This provision applies without prejudice to the use of such information in criminal proceedings relating to the crime of enforced disappearance or in the exercise of the right to compensation. 2. The collection, processing, use and storage of personal information, including medical or genetic data, should not infringe or have the effect of infringing on human rights, fundamental freedoms and human dignity of the individual.

Article 20

1. Only in cases where a person is protected by law and where the deprivation of liberty is controlled by a judicial authority, the right to receive the information provided for in article 18 may, as an exception, be restricted, only in cases where the situation requires it and where it is provided for by law, and if the transmission of this information harms privacy or the security of the person concerned or hinders the proper conduct of a criminal investigation, or for other similar reasons provided for by law., and in accordance with applicable international law and the objectives of this Convention. Under no circumstances may these restrictions on the right to information provided for in article 18 be permitted if they constitute conduct defined in article 2 or a violation of paragraph 1 of article 17. 2. Without prejudice to the consideration of the legality of the deprivation of liberty of a person, the State party guarantees the persons referred to in article 18, paragraph 1, the right to a prompt and effective judicial remedy in order to obtain, in a short time, the information referred to in article 18, paragraph 1. This right to legal protection cannot be suspended or limited under any circumstances.

Article 21

Each State Party shall take the necessary measures to ensure that the release of any person deprived of his liberty is carried out in conditions that make it possible to verify that he has actually been released. Each State Party shall also take the necessary measures to ensure the physical integrity and the ability to fully exercise their rights to any person at the time of their release, without prejudice to the obligations they may incur under national law.

Article 22

Without prejudice to article 6, each State Party shall take the necessary measures to prevent and punish the following acts: (a) delay in the use or obstruction of the use of the remedies provided for in article 17, paragraph 2 (f), and article 20, paragraph 2; (b) failure to comply with the obligation to register all persons deprived of their liberty, and as well as registration of any information, the inaccuracy of which was known or should have been known to the official responsible for maintaining the official register.; (c) Refusal to provide information about the deprivation of liberty of a person or the provision of inaccurate information, when there are all legitimate grounds for obtaining such information.

Article 23

1. Each State Party shall ensure that the training of military or civilian officials responsible for the application of laws, medical personnel, government officials and others who may be involved in the detention or treatment of any person deprived of liberty includes appropriate study of the relevant provisions of this Convention in order to(a) To prevent the involvement of these officials in acts of enforced disappearance; (b) Emphasize the importance of preventing and investigating cases of enforced disappearance; (c) Ensure that the urgent need to resolve cases of enforced disappearance is recognized. 2. Each State Party shall ensure that orders or orders prescribing, authorizing or encouraging enforced disappearance are prohibited. Each State shall ensure that a person who refuses to comply with such an order is not punished. 3. Each State Party shall take the necessary measures to ensure that persons referred to in paragraph 1 of this article who have reason to believe that an enforced disappearance has taken place or is about to occur report this to their superiors and, if necessary, to the competent authorities or authorities with powers of supervision and protection.

Article 24

1. For the purposes of this Convention, a victim is considered to be any disappeared person and any natural person who has suffered direct harm as a result of enforced disappearance. 2. Every victim has the right to know the truth about the circumstances of an enforced disappearance, the progress and results of the investigation, and the fate of the disappeared person. Each State Party shall take appropriate measures to this end. 3. Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, locate, respect and return their remains. 4. Each State Party shall ensure in its legal system that victims of enforced disappearance have the right to receive prompt, fair and adequate reparation and compensation. 5. The right to compensation provided for in paragraph 4 of this article covers compensation for material and moral damage, as well as, where appropriate, other forms of compensation such as: (a) restitution; (b) rehabilitation; (c) satisfaction, including restoration of honor and good name; and (d) guarantees of non-repetition. 6. Without prejudice to the obligation to investigate until the fate of the disappeared person is fully clarified, each State Party shall take appropriate measures concerning the legal status of disappeared persons whose fate is unknown and their relatives, in particular in the areas of social protection, financial matters, family law and property rights. 7. Each State Party shall ensure the right to establish organizations and associations that assist in establishing the circumstances of enforced disappearances and the fate of disappeared persons and in providing assistance to victims of enforced disappearances, and to participate freely in the work of such organizations and associations.

Article 25

1. Each State Party shall take the necessary measures to prevent and criminalize: (a) the unlawful removal of children who have been subjected to enforced disappearance, children whose father, mother or legal representative has been subjected to enforced disappearance, or children born while their mother has been subjected to enforced disappearance in captivity; (b) falsification, concealment or destruction of documents proving the true identity of the children referred to in subparagraph (a) above. 2. Each State Party shall take the necessary measures to locate and identify the children referred to in subparagraph (a) of paragraph 1 of this article and to return them to their families of origin in accordance with legal procedures and applicable international agreements. 3. The Participating States shall assist each other in the search for and identification of the children referred to in subparagraph (a) of paragraph 1 of this article, as well as in determining their whereabouts. 4. Having regard to the need to ensure the best interests of the children referred to in subparagraph (a) of paragraph 1 of this article and their right to preserve and restore their identity, including their nationality, family names and family ties recognized by law, in those Participating States that recognize the system of adoption or other form of transfer of children There should be legal procedures in place to review the procedure for the adoption or transfer of children into custody, and, if necessary, to invalidate any act of adoption or transfer into custody., which occurred as a result of enforced disappearance. 5. In all circumstances, and especially in matters related to this article, the best interests of the child are given priority, and a child who is able to act consciously has the right to express his or her opinion freely, which is duly taken into account, taking into account his or her age and degree of maturity.

PART TWO

Article 26

1. To implement the provisions of this Convention, a Committee on Enforced Disappearances ("the Committee") is established, consisting of ten experts of high moral standing and recognized competence in the field of human rights, acting in their personal capacity and acting on the basis of the principle of complete impartiality. The members of the Committee are elected by the participating States in accordance with the principle of equitable geographical distribution, taking into account the interest of the participation of persons with relevant legal experience in the work of the Committee, as well as the balanced representation of men and women among the members of the Committee. 2. Elections shall be held by secret ballot on the basis of a list of candidates recommended by the participating States from among their nationals during meetings of the Participating States convened for this purpose every two years by the Secretary-General of the United Nations. At these meetings, at which two thirds of the States Parties shall constitute a quorum, those candidates who receive the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting shall be elected members of the Committee. 3. The first elections will be held no later than six months after the date of entry into force of this Convention. Four months before the date of each election, the Secretary-General of the United Nations shall send a letter to the participating States inviting them to submit their respective candidates within a three-month period. The Secretary-General shall draw up a list of recommended candidates listed in alphabetical order, indicating for each candidate the State Party concerned. It shall transmit this list to all Participating States. 4. The members of the Committee are elected for a four-year term. They can be re-elected once. However, the mandate of the five members elected at the first election shall expire after two years; immediately after the first election, the names of these five members shall be drawn by lot by the Chairman of the meeting referred to in paragraph 2 of this article. 5. In the event of the death, resignation or inability of a member of the Committee for any other reason to continue to perform his/her functions on the Committee, the State Party that appointed him/her shall appoint, subject to the criteria provided for in paragraph 1 of this article, another candidate from among its nationals to fill the vacant post on the Committee for the remainder of the relevant mandate, provided approval of such appointment by a majority of the Participating States. This approval shall be considered final unless half or more of the Participating States express a negative opinion within six weeks of receiving information from the Secretary-General of the United Nations on the proposed appointment. 6. The Committee shall determine its rules of procedure. 7. The Secretary-General of the United Nations shall provide the Committee with the staff and resources necessary for the effective performance of its functions. The Secretary General shall convene the members of the Committee for the first meeting. 8. Members of the Committee have the right to enjoy the opportunities, privileges and immunities granted to experts on mission for the United Nations and enshrined in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. 9. Each State party undertakes to cooperate with the Committee and to assist its members in carrying out their mandate within the framework of those functions of the Committee that have been recognized by it.

Article 27

A Conference of the States Parties shall be held no earlier than four years and no later than six years after the entry into force of this Convention to assess the functioning of the Committee and decide, in accordance with the provisions set out in paragraph 2 of article 44, whether another authority should be entrusted with the task of monitoring the implementation of this Convention. - without excluding any possibilities - with the powers defined in articles 28-36.

Article 28

1. Within the limits of the powers defined by this Convention, the Committee shall cooperate with all organs, bureaux, specialized agencies and relevant funds of the United Nations, treaty committees established on the basis of international treaties, special procedures of the United Nations, relevant regional intergovernmental organizations or institutions, as well as with all relevant national institutions, agencies and bureaux dealing with issues related to the protection of all persons from enforced disappearance. 2. In carrying out its functions, the Committee consults with other treaty committees established under relevant human rights treaties, in particular the Human Rights Committee established under the International Covenant on Civil and Political Rights, in order to ensure consistency in their respective observations and recommendations.

Article 29

1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, within two years of the entry into force of this Convention for that State Party, a report on the measures it has taken to give effect to its obligations under this Convention. 2. The Secretary-General of the United Nations shall make this report available to all States Parties. 3. Each report is reviewed by the Committee, which may submit comments, observations or recommendations deemed necessary by it. The State party concerned receives a communication on comments, observations or recommendations, to which it can respond on its own initiative or at the request of the Committee. 4. The Committee may also request additional information from States Parties concerning the implementation of this Convention.

Article 30

1. The relatives of the disappeared person, their legal representatives, their lawyers or any person authorized by them, as well as any other person with a legitimate interest, may urgently apply to the Committee with a request to search for and establish the whereabouts of the disappeared person. 2. If the Committee considers that a request for urgent action submitted in accordance with paragraph 1 of this article: (a) is not manifestly unfounded; (b) does not constitute an abuse of the right to submit such requests.; (c) Has previously been duly submitted to the competent authorities of the State Party concerned, such as those authorized to conduct investigations, if such a possibility existed; (d) is not incompatible with the provisions of this Convention; and (e) is not being considered under another similar procedure of international investigation or settlement, it shall apply to the State Party concerned.the participant is asked to provide him with information about the situation of the wanted person within the time limit set by him. 3. Taking into account the information provided by the State Party concerned in accordance with paragraph 2 of this article, the Committee may make recommendations to that State Party, including a request to take all necessary measures, including interim protective measures, to locate and protect the person sought in accordance with this Convention, and inform the Committee within a time limit set by it and taking into account the urgency of the situation and the measures he has taken. The Committee shall inform the person who submitted the request for urgent action of its recommendations and information transmitted to it by the State party, if any. 4. The Committee continues its efforts to work with the State party concerned until the fate of the wanted person is clarified. He/she informs the requester about this.

Article 31

1. Any State Party may, at the time of ratification of this Convention or subsequently, declare that it recognizes the competence of the Committee to receive and consider communications from or on behalf of persons under its jurisdiction who claim to be victims of a violation by that State Party of the provisions of this Convention. The Committee does not consider any communications concerning States parties that have not made such a declaration. 2. The Committee declares inadmissible any communication that: (a) is anonymous; (b) Constitutes an abuse of the right to submit such communications or is incompatible with the provisions of this Convention; (c) is being examined under another similar procedure of international investigation or settlement; or (d) all available effective domestic remedies have not been exhausted. This rule does not apply when the use of such funds is unreasonably prolonged. 3. If the Committee considers that the communication meets the requirements set out in paragraph 2 of this article, it shall transmit the communication to the State Party concerned, inviting it to submit its observations or comments within the time limit set by it. 4. After receiving a communication and before reaching a decision on the merits, the Committee may at any time request the State party concerned to take the necessary temporary protective measures to prevent irreparable harm to the victims of the alleged violation. The Committee's use of this opportunity does not prejudice the decision on admissibility or consideration of the merits of the communication. 5. The Committee shall consider the communications referred to in this article in closed meetings. It shall inform the author of the communication of the replies provided by the State party concerned. After the Committee decides to complete the procedure, it transmits its findings to the State party and the author of the communication.

Article 32

Any State Party to this Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications in which one State Party claims that another State Party is not fulfilling its obligations under this Convention. The Committee does not accept any communications concerning States parties that have not made such a declaration, as well as communications submitted by States parties that have not made such a declaration.

Article 33

1. If the Committee receives credible information that a State Party is committing acts that are seriously detrimental to the provisions of this Convention, it may, after consulting with the State Party concerned, request one or more of its members to visit that State and provide it with relevant information without delay. 2. The Committee shall inform the State Party concerned in writing of its intention to visit its territory, indicating the composition of the delegation and the purpose of the visit. The State party will provide its response within a reasonable time. 3. On the basis of a reasoned request from a State party, the Committee may decide to postpone or cancel its visit. 4. If a State party grants its consent to a visit, the Committee and the State Party concerned shall cooperate to determine the conditions of the visit, and the State Party shall provide the Committee with all necessary facilities to conduct the visit. 5. Following the visit, the Committee sends its observations and recommendations to the State party concerned.

Article 34

If the Committee receives information that, in its opinion, contains sufficiently substantiated evidence that enforced disappearances are widespread or systematic in the territory under the jurisdiction of a State party, it may, after requesting all relevant information on the situation from the State party concerned, as a matter of urgency. To bring this matter to the attention of the United Nations General Assembly through the Secretary-General of the United Nations.

Article 35

1. The competence of the Committee extends only to cases of enforced disappearance that occurred after the entry into force of this Convention. 2. If a State becomes a party to this Convention after its entry into force, its obligations to the Committee relate only to cases of enforced disappearance that occurred after the entry into force of this Convention for it.

Article 36

1. The Committee shall submit to the States Parties and to the General Assembly of the United Nations an annual report on its work in the implementation of this Convention. 2. The publication in the annual report of a comment concerning a State Party must be preceded by notification to that State Party, which has a reasonable time to respond and may request that its own comments or observations be published in the report.

PART THREE

Article 37

Nothing in this Convention restricts more favourable provisions for the protection of all persons from enforced disappearance that may be contained: (a) in the legislation of a State Party; or (b) in international law applicable to that State.

Article 38

1. This Convention is open for signature by all Member States of the United Nations. 2. This Convention is subject to ratification by all Member States of the United Nations. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. This Convention is open for accession by all Member States of the United Nations. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 39

1. This Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations. 2. For any State that ratifies or accedes to this Convention after the deposit of its twenty instruments of ratification or accession, this Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Article 40

The Secretary-General of the United Nations shall inform all Member States of the United Nations and all States that have signed or acceded to this Convention.: (a) Signatures, ratifications and accessions in accordance with article 38; (b) The date of entry into force of this Convention in accordance with article 39.

Article 41

The provisions of this Convention shall apply to all parts of federal States without any limitation or exception.

Article 42

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that has not been resolved through negotiations or through procedures directly provided for in this Convention shall, at the request of one of those States, be submitted to arbitration. If, within six months after the date of filing the request for arbitration, the parties fail to reach agreement on the organization of the arbitration, either party may refer the dispute to the International Court of Justice by submitting a request in accordance with its Statute. 2. Any State Party may, at the time of signature, ratification or accession to this Convention, declare that it does not consider itself bound by paragraph 1 of this article. Other Participating States will not be bound by these provisions in respect of the State Party that has made such a declaration. 3. Any State Party that has made a declaration in accordance with the provisions of paragraph 2 of this article may at any time withdraw that declaration by notification addressed to the Secretary-General of the United Nations.

Article 43

This Convention applies without prejudice to the provisions of international humanitarian law, including the obligations of the High Contracting Parties to the four Geneva Conventions of August 12, 1949 and the two Additional Protocols thereto of 1977, as well as the ability of each State to authorize the International Committee of the Red Cross to visit places of detention in situations not covered by international humanitarian law.

Article 44

1. Any State Party to this Convention may propose amendments and submit them to the Secretary-General of the United Nations. The Secretary-General shall transmit the proposed amendment to the States Parties to this Convention with a request to inform him whether they favour the convening of a conference of the States Parties for the purpose of considering and voting on the proposal. If, four months after the date of such communication, at least one third of the States Parties are in favour of convening such a conference, the Secretary-General will organize the conference under the auspices of the United Nations. 2. Any amendment adopted by a two-thirds majority of the States Parties present at the Conference and voting shall be submitted by the Secretary-General of the United Nations to all States Parties for acceptance. 3. An amendment adopted in accordance with the provisions of paragraph 1 of this article shall enter into force after it has been accepted by two thirds of the States Parties to this Convention in accordance with the procedure provided for in their respective constitutions. 4. After the amendments enter into force, they become binding on the States Parties that have accepted them, while the provisions of this Convention and all amendments previously adopted by them remain binding on other States Parties.

Article 45

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States referred to in article 38.

I hereby certify that this text is a certified copy of the certified copy of the International Convention for the Protection of All Persons from Enforced Disappearance, done in New York on December 20, 2006.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

RCPI note: The text of the International Convention in Arabic, Chinese, English, French, and Spanish is attached below.

President

Republic of Kazakhstan

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