A-60:  INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS

(Adopted at Belém do Pará, on June 9, 1994, at the

twenty fourth regular session of the General Assembly)

ENTRY INTO FORCE:            March 28, 1996

DEPOSITORY:                     OAS General Secretariat (Original instrument and ratifications)

TEXT:

UN REGISTRATION:
 

DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWALS

REF = REFERENCE                                  INST = TYPE OF INSTRUMENT

D = DECLARATION                                  RA = RATIFICATION

R = RESERVATION                                  AC = RECOGNITION

                                                              AD = ACCESSION

1.     Guatemala

Pursuant to Article XIX of the Convention, the Republic of Guatemala, upon ratifying the Convention, formulates a reservation regarding the application of Article V thereof, since Article 27 of its Political Constitution establishes that "extradition proceedings, for political crimes shall not be instituted against Guatemalans, who shall in no case be handed over to a foreign government, except as provided in treaties and conventions concerning crimes against humanity or against international law," and that for the time being, there is no domestic Guatemalan legislation governing the matter of extradition.

Withdrawal of the reservation regarding the application of article V made at the time of the reservation (September 7, 2001).

2.     Mexico

Reservation made when depositing the instrument of ratification (April 9, 2002)

”The Government of the United Mexican States, upon ratifying the Inter-American Convention on the Forced Disappearance of Persons adopted in Belem, Brazil on June 9, 1994 makes express reservation to Article IX, inasmuch as the Political Constitution recognizes military jurisdiction when a member of the armed forces commits an illicit act while on duty. Military jurisdiction does not constitute a special jurisdiction in the sense of the Convention given that according to Article 14 of the Mexican Constitution nobody may be deprived of his life, liberty, property, possessions, or rights except as a result of a trial before previously established courts in which due process is observed in accordance with laws promulgated prior to the fact.”

Interpretative declaration made when depositing the instrument of ratification (April 9, 2002)

“Based on Article 14 of the Political Constitution of the United Mexican States, the Government of Mexico declares, upon ratifying the Inter-American Convention on the Forced Disappearance of Persons adopted in Belem, Brazil on June 9, 1994, that it shall be understood that the provisions of said Convention shall apply to acts constituting the forced disappearance of persons ordered, executed, or committed after the entry into force of this Convention.”