” 还有些代表团建议将(b)、(c)和(d)项合并如下：“酌情经司法机关允许，获得与调查有关的所有文件，进入有正当理由相信可能关押失踪者的任何地点。
Some delegations proposed merging subparagraphs (c) and (d), to read: “Have access, where appropriate on judicial authorization, to any official place of detention where there are reasonable grounds for believing that the disappeared person may be present.” Other delegations proposed the merging of subparagraphs (b), (c) and (d), to read: “Have access, where appropriate on judicial authorization, to all documents relevant to the investigation and to any place where there are reasonable grounds for believing that the disappeared person may be present.” Some delegations proposed the deletion of any reference to judicial authorization.
” 有些代表团建议删除关于司法机关的允许的用语。
Some delegations proposed merging subparagraphs (c) and (d), to read: “Have access, where appropriate on judicial authorization, to any official place of detention where there are reasonable grounds for believing that the disappeared person may be present.” Other delegations proposed the merging of subparagraphs (b), (c) and (d), to read: “Have access, where appropriate on judicial authorization, to all documents relevant to the investigation and to any place where there are reasonable grounds for believing that the disappeared person may be present.” Some delegations proposed the deletion of any reference to judicial authorization.
某些代表团建议获得和进入应“根据国内法”。
Certain delegations proposed that access should be “in accordance with internal law”.
主席提出以下措辞：“(a) 有必要的权利和资源开展有效的调查，包括获得与它的调查有关的文件和其他资料；(b) 酌情经某一司法机关尽速裁定，并取得其预算允许，进入有正当理由相信可能关押失踪者的拘留地点和其他地点。
The Chairperson suggested the following wording: “(a) Has the necessary powers and resources to conduct the investigation effectively, including access to documents and other information relevant to its investigation; (b) Has access, where appropriate with prior authorization of a judicial authority that rules as quickly as possible, to any place of detention and any other place where there are reasonable grounds for believing that the disappeared person may be present.” One participant thought that the possibility of holding private discussions with any person in a place of detention should be reflected in article 12.
” 一名与会者认为在拘留地点与任何人举行不公开的讨论的可能性应反映在第12条中。
The Chairperson suggested the following wording: “(a) Has the necessary powers and resources to conduct the investigation effectively, including access to documents and other information relevant to its investigation; (b) Has access, where appropriate with prior authorization of a judicial authority that rules as quickly as possible, to any place of detention and any other place where there are reasonable grounds for believing that the disappeared person may be present.” One participant thought that the possibility of holding private discussions with any person in a place of detention should be reflected in article 12.
65. 有些代表团建议简化或删除第5款，它基本上没有增加任何东西。
Some delegations proposed that paragraph 5 should be simplified or deleted, as it added nothing essential.
第 13 条
Article 13
66. 主席建议该条如下：
The Chairperson suggested that the article should read as follows:
1. 对缔约国之间的引渡而言，不应将强迫失踪罪视为政治犯罪或与政治犯罪有联系的普通犯罪或带有政治动机的犯罪。
For the purposes of extradition between States Parties, the offence of enforced disappearance shall not be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives.
因此，不得以这些理由拒绝对此种犯罪提出的引渡要求。
Accordingly, a request for extradition based on such an offence may not be refused on these grounds.
2. 在[本文书]生效之前各缔约国之间现有的任何引渡条约中，强迫失踪罪均应视为包括在可引渡的罪行范围内。
The offence of enforced disappearance shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties before the entry into force of [this instrument].
3. 各缔约国承诺，此后在彼此之间签订的所有引渡条约中，强迫失踪罪均将列为可引渡的犯罪。
States Parties undertake to include the offence of enforced disappearance as an extraditable offence in every extradition treaty subsequently to be concluded between them.
4. 以有效条约为引渡条件的缔约国，当收到另一个与之无引渡条约的缔约国提出的引渡要求时，可考虑将[本文书]作为对强迫失踪罪给予引渡的必要法律依据。
If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider [this instrument] as the necessary legal basis for extradition in respect of the offence of enforced disappearance.
5. 不以有效条约作为引渡条件的缔约国，均应承认强迫失踪罪为可在缔约国相互之间引渡的罪行。
States Parties that do not make extradition conditional on the existence of a treaty shall recognize the offence of enforced disappearance as an extraditable offence between States Parties themselves.
6. 在所有情况下，引渡均须符合被请求缔约国的法律规定，或适用的引渡条约所规定的条件，特别应包括有关引渡的最低处罚要求，和被请求缔约国可能拒绝引渡或要求引渡符合某些条件的理由。
Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.
7. [本文书]的任何内容，均不得解释为必须履行引渡义务，如果被请求的缔约国有充分理由认为提出引渡要求的目的是因该人的性别、种族、宗教、国籍、族裔或政治见解等原因对之进行起诉或惩罚，或同意引渡要求将会因上述原因之一造成对该人的伤害。
Nothing in [this instrument] shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person's sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person's position for any one of these reasons.
67. 若干代表团认为，该条第六款可能会怂恿有罪不罚，它们建议如下措辞：“在所有情况下，引渡均须符合可适用的引渡条约规定的条件或者被请求缔约国的国际义务。”
Several delegations expressed the view that paragraph 6 of the article might encourage impunity and proposed the following wording: “Extradition shall, in all cases, be subject to the conditions established in the applicable extradition treaties or the international obligations of the requested State Party.”
68. 提出了一项建议，在第7款的“族裔”一词后面增加《关于难民地位的公约》所用的一语，即“某一社会群体的成员”。
A proposal was made to insert the phrase “membership of a particular social group”, which were used in the Convention relative to the Status of Refugees, after the words “ethnic origin” in paragraph 7.
主席接受这项建议。
The Chairperson accepted that proposal.
第 14 条
Article 14
1. 各缔约国在有关强迫失踪的任何刑事调查和程序方面，应彼此提供最大限度的司法协助，包括提供他们掌握的这些程序所需的所有证据。
States Parties shall afford one another the greatest measure of judicial assistance in connection with any criminal investigation or proceedings relating to an enforced disappearance, including the supply of all evidence at their disposal necessary for the proceedings.
2. 这类司法协助应符合被请求缔约国国内法或适用的司法互助条约规定的条件，特别是被请求缔约国可拒绝提供司法协助的理由，或要求引渡必须满足的条件。
Such judicial assistance shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable treaties on mutual judicial assistance, including, inter alia, the conditions in relation to the grounds upon which the requested State Party may refuse to grant judicial assistance or may make it subject to conditions.
69. 应一个代表团的请求，主席同意采用“法律协助”一语，而不用“司法协助”一词。
At the request of one delegation, the Chairperson agreed to the use of the phrase “legal assistance” rather than “judicial assistance”.
第 15 条
Article 15