A/HRC/14/42
that all information be collected for the purpose of identification whenever exhumations are
performed.15
77.
Cross-border agreements should be established with the neighbouring countries
where there is reasonable suspicion that grave sites may exist. The discovery of burial sites
can be important not only in tracing missing persons but also in the identification of the
commission of crimes and their potential subsequent prosecution.
78.
While there is a trend of relying heavily on DNA testing for identification of
remains, there are, however, certain difficulties associated with this process, including the
cost involved, the facilities and expertise required and the accuracy of the testing, in some
cases, there is no known DNA from the missing person or there is no living survivor to
provide DNA for comparison. Identification should not be based on one single method but
take into account all available information. If available, medical and dental records are
helpful in the identification of remains of missing persons.
79.
Any forensic work should be based on certain standards (legal, ethical and technical)
and conducted with the primary aim of identifying victims and returning their remains to
their families. Direct contacts should be established between forensic teams and the
relatives of the missing persons. Domestic legislation should provide for the possibility of
conducting independent forensic investigations in cases of persons unaccounted for during
an armed conflict. Such investigations are critically important for investigating violations of
humanitarian law and human rights law.
80.
The competent authorities must adopt adequate procedures for providing
information on identity, location and cause of death to the appropriate authorities and to the
families. In particular, information on deceased persons as well as the location of human
remains and graves should be centralized and transmitted to the other party to the conflict.
81.
The authorities must ensure that the dead, including burials, are recorded as well as
the particulars of graves and those interred there. This task might be entrusted to the State’s
official graves registration service – if not, it would require the establishment and
functioning of a complementary system to record the details of the death and internment of
protected persons.
X.
Information management and legal protection of personal
data
82.
Information on the fate of missing persons is at times denied by parties either during
or post conflict, the reason being that information is not disclosed as a means of continuing
the conflict or because prosecution is feared.
83.
The principal purpose of collecting data as regards missing persons is to establish
the identity, location and fate of persons unaccounted for (both living and deceased) and to
provide information to the families on the whereabouts and fate of their missing relatives.
84.
Coordination of the activities of all those involved and the sharing of information
would increase the effectiveness of any action taken to ascertain the fate of persons who
have not been unaccounted. States should ensure that information collected on persons
unaccounted for is comprehensive, yet limited to what is necessary for the purpose
identified. Information should be collected and processed fairly and lawfully. The
collection and use of information should be subject to the consent of the person to whom
15
GE.10-12433
“Guiding Principles/Model Law on the Missing”.
15
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