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.
Article 9
1. Each State Party shall take the necessary measures to establish its
competence to exercise jurisdiction over the offence of enforced
disappearance:
(a) When the offence 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 one of its nationals;
(c) When the disappeared person is one of its nationals and the State
Party considers it appropriate.
2. Each State Party shall likewise take such measures as may be
necessary to establish its competence to exercise jurisdiction over the offence
of enforced disappearance when the alleged offender is present in any territory
under its jurisdiction, unless it extradites or surrenders him or her to another
State in accordance with its international obligations or surrenders him or her to
an international criminal tribunal whose jurisdiction it has recognized.
3. This Convention does not exclude any additional criminal jurisdiction
exercised in accordance with national law.
Article 10
1. Upon being satisfied, after an examination of the information
available to it, that the circumstances so warrant, any State Party in whose
territory a person suspected of having committed an offence of enforced
disappearance is present shall take him or her into custody or take such other
legal measures as are necessary to ensure his or her presence. The custody
and other legal measures shall be as provided for in the law of that State Party
but may be maintained only for such time as is necessary to ensure the
person’s presence at criminal, surrender or extradition proceedings.
2. A State Party which has taken the measures referred to in
paragraph 1 of this article shall immediately carry out a preliminary inquiry or
investigations to establish the facts. It shall notify the States Parties referred to
in article 9, paragraph 1, of the measures it has taken in pursuance of
paragraph 1 of this article, including detention and the circumstances
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