A/HRC/10/28
page 12
39. In order to deal properly with the issue of missing persons, the various bodies and
institutions involved in transitional justice should endeavour to cooperate. Ad hoc international
tribunals or truth and reconciliation commissions, which have a limited lifespan, should give
thought from the outset to means and methods of gathering and classifying information and
evidence that could make it readily exploitable for both judicial proceedings and attempts to
trace the missing. They should allow for effective and practical means of passing on their legacy
once their work has ended, and in particular give families and their representatives access to their
archives. Similarly, forensic activities deployed by international tribunals should be carried out
not only for the purposes of collecting evidence with criminal prosecution in mind, but also to
find answers for the families of missing persons. Finally, national authorities should be
encouraged and supported through capacity-building initiatives in their resolve to address
genuinely the issue of missing persons and thus comply with the requirements of international
humanitarian law. Only then can there be hope that families will finally fulfil their right to know
the fate of missing relatives and receive appropriate reparation.
VIII. CONCLUSIONS
40. It is essential that additional measures be taken by States, intergovernmental and
non-governmental organizations to prevent persons from going missing, to establish the
right to know, collect, protect and manage credible and reliable data on missing persons, to
develop their forensic science capacities and to address impunity.
41. The issue of missing persons is particularly severe in the context of armed conflict.
Measures should be taken to minimize this phenomenon, which should be addressed at the
national, regional and international levels, as well as in peacebuilding processes, with
reference to all justice and rule of law mechanisms, including the judiciary, parliamentary
commissions and truth-seeking mechanisms, on the basis of transparency, accountability
and public involvement and participation.
42. The right of families to know the fate of missing persons should be respected at all
times. Such families, victims groups and civil society should be involved in mechanisms or
institutions aiming at solving issues related to missing persons.
43. Support should be provided for forensic sciences as a component in investigations of
human rights violations. Access to independent forensic investigations of violations of
human rights and humanitarian law should also be improved. Appropriate mechanisms
should be created to continue the recovery and identification process beyond the mandate
of judicial and non-judicial mechanisms.
44. Contacts between independent forensic experts and judges, prosecutors and lawyers
should be enhanced. Technical assistance and training of forensic experts in States where
this expertise is not available or not developed sufficiently should be increased.
45. The collection, protection and management of credible and reliable data on missing
persons, in accordance with international and national standards, should be encouraged,
and technical assistance and training should be made available as needed.
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