A/HRC/42/40/Add.2
Group recommends that families on both sides of the contact line be informed about the fate
of their disappeared relatives and whether they are on the lists of detainees to be
simultaneously released.
40.
It is very important that all existing information concerning the whereabouts of the
persons be shared among the parties, on a humanitarian basis. Even if more difficult while
the conflict persists, all possible efforts must be made so that information available in the
archives in the State institutions are made available to those in charge of the search for
disappeared persons.
41.
The experts also regretted the fact that, in May 2018, an attempt by relatives of
disappeared persons from both sides to meet in order to join forces in trying to locate their
loved ones was frustrated by the SBU, which prevented them from crossing the contact line.
Such initiatives should be facilitated and supported rather than discouraged and obstructed.9
42.
The Working Group received information on the existence of unidentified graves on
both sides of the contact line. While some bodies had been exhumed, identified and handed
over to the families, others had not been yet exhumed or secured. It is of utmost importance
that exhumation and identification be conducted as soon as possible, with the help of
international organizations, and guaranteeing internationally recognized standards, including
respect for victims, their cultural traditions and religious beliefs. The Working Group also
received information that there was no centralized system of data collection on burial sites or
centralized collection of DNA samples; it is therefore concerned about the reported
misidentification of remains.
43.
The Working Group hopes that the new Law “On the Legal Status of Missing Persons”
will provide an impetus and clear structure for the efforts to account and to search for missing
persons, for the identification and preservation of graves, and for the exhumation and
identification of the remains of missing persons. Indeed, the law provides that any person has
the right to know the fate of his/her missing relatives, including their whereabouts,
circumstances of death, if he/she lost his/her life, place of burial and the right to receive their
remains. Regrettably, however, the Working Group has noted that the obligations of the
Commission depend on whether it is dealing with the case of a person missing in “special
circumstances”, on the one hand, or a person missing and that does not fall into that category,
on the other; furthermore, the rationale behind a number of provisions describing the
Commission’s powers and functions is unclear.
44.
In particular, the Commission has been given the power to create, in cooperation with
other State institutions, and to manage search groups (humanitarian missions) to locate those
who went missing in “special circumstances” specifically in the territory controlled by armed
groups. Its role in searching for other missing persons is, however, less defined. It seems that
the national police are responsible, although the Commission has a power to “collect and
manage the information necessary for the search for missing persons”, that is, all missing
persons. The purpose of this function is ambiguous, given that information about persons
missing outside of “special circumstances” cannot be entered into the Unified Register of
Persons Missing due to Special Circumstances, which the Commission is assigned to
manage. It seems that the only way for cases of persons who disappeared under circumstances
other than special ones to be registered, and thus for such disappearances to become
accounted for, is to lodge a complaint with the national police. Assuming that a decision is
taken to initiate pretrial investigations, information indicating that an enforced disappearance
occurred will be entered into the Unified Register of Pretrial Investigations, and the search
for forcibly disappeared persons will be conducted as a part of the criminal investigation.
Additionally, is not clear how information and evidence that could serve to initiate or
substantiate a criminal proceeding would be shared between the Commission, the national
police and the judiciary,. Lastly, the Commission’s role in investigating and preserving burial
sites, and in exhumations and the identification of remains is also unclear; the Working Group
notes, however, that article 22 (1) of the aw provides for the adoption of special legislation
in this regard.
9
10
See Convention, art. 24.7.
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