A/HRC/14/42
should also provide for the putting into place of necessary coordinating and
information-sharing process.
103. The right of family members to know the fate of missing relatives as a result of
armed conflict, including their whereabouts or, if dead, the circumstances and cause
of their deaths, is provided for under both international human rights law and
international humanitarian law. States and parties to an armed conflict are under an
obligation to take the necessary measures to clarify the fate of the missing person and
to inform the family thereof. Family members must be regularly informed about the
progress and results of investigation concerning the fate or whereabouts of a missing
relative.
104. While focusing on the humanitarian dimension of missing persons in armed
conflict, it is also necessary to keep in mind that cases of missing persons can
sometimes constitute grave offences, including war crimes. States should ensure
effective investigation and prosecution of all human rights violations linked to missing
persons.
105. The legal situation of persons reported missing as a result of armed conflict and
of their relatives should be clearly established in domestic legislation. The rights and
interests of missing persons, including their civil status, property and assets, must be
protected at all times until their fate has been ascertained or their death recognized.
106. States are obliged to take measures to respond to the material, financial,
psychological and legal needs faced by the families of persons unaccounted for. States
should adopt a gender-sensitive approach to ensuring the rights of the relatives. The
right of relatives of missing persons to be granted reparation should be ensured.
107. The dead should be sought, collected and identified without distinction. They
must be identified and buried in individually marked graves in sites that are identified
and registered. All acts of mutilation and despoliation of the dead must be
criminalized.
108. The competent State authorities are obliged to undertake all necessary
measures to recover the human remains. The remains should be returned to the
family, if possible. If it is not possible to return the remains, a proper burial should be
ensured.
109. The exhumation of human remains constitutes part of the right to know the
truth and helps establish the whereabouts of the disappeared. Exhumations should be
performed only with the proper authorizations and according to the conditions
specified in law. Families should be kept informed of the decisions in relation to
exhumations and of the results of any such examination. After post-mortem
examination, the remains should be released to the family at the earliest time possible.
110. Domestic legislation should provide for the possibility of conducting
independent forensic investigations in cases of persons unaccounted for during an
armed conflict.
111. Information on persons unaccounted for should be collected and processed
fairly and lawfully. States should ensure respect for the relevant standards and
principles with regard to the protection of personal data whenever information,
including medical and genetic information, is managed and processed.
112. Of key importance for solving the issue of missing persons are all justice and
rule of law mechanisms, including the local judiciary, parliamentary commissions and
truth-finding mechanisms.
18
GE.10-12433
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