2.11 It is the responsibility of the state party to ensure that a person
who claims to be a victim of enforced disappearance has the
right to inform the competent authorities of the facts and
to investigate this claim without delay, while ensuring that
necessary measures are taken to protect the complainant,
witnesses and relatives of the disappeared person and his
advocate, in addition to those involved in the investigation from
any ill-treatment or intimidation on account of this allegation or
any testimony made.
2.12 The provisions of the International Convention refer to the
principle of the inadmissibility of detention in unknown places,
and that the national legislation of the State party should include
the conditions that permit issuance of orders for deprivation
of liberty and the authorities mandated with issuance of such
orders. Moreover, it should be ensured that the person deprived
of liberty is detained in officially recognized and monitored
places and that he is able to communicate with the outside
world, including his family, lawyer or any other person of his
choice, and allow them to visit him. A foreigner detainee should
be granted the permission to contact the consular authorities of
the state of which he is a national.
2.13
The International Convention also requires the State party
to ensure that its legislation provides that every competent
authority and institution under the law has access to places
of detention, where necessary, with prior authorization by a
judicial authority. The provisions of the Convention further
indicate that the State party should ensure the right of every
person deprived of his liberty, through his family, to appeal to
a judicial body to promptly decide on the legality of depriving
him of his liberty and to order his release if it is proved that such
detention is illegal.
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