A/HRC/36/39
3.
Search for disappeared migrants
59.
States should:
(a)
Take all necessary measures to search for and locate disappeared migrants by
using all means at their disposal, including forensic investigative resources, and incorporate
ante-mortem information in a centralized database;
(b)
Investigate whether clandestine graves or other places where bodies may be
concealed exist in migratory transit areas, and establish a register of found corpses,
documenting the circumstances of the discovery;
(c)
Respect international standards for all exhumations of mass graves of
migrants and the identification processes undertaken thereafter;
(d)
Consider facilitating, including by the issuance of visas, the arrival of
relatives of the disappeared implicated in the search for their loved ones.
4.
Investigation, criminalization and prosecution
60.
States should:
(a)
Investigate all cases of potential enforced disappearance as such from the
outset and not exclude, a priori, the fact that they may in fact be enforced disappearances;
(b)
Carry out all investigative efforts with the cooperation of the authorities of all
States involved, as is normally the case for all criminal acts having a transnational
character;
(c)
Criminalize all acts of enforced disappearance, including enforced
disappearances of migrants, which should be punished by appropriate penalties, taking into
account their extreme seriousness;
(d)
Take any appropriate action to bring to justice all persons presumed
responsible for an act of enforced disappearance of migrants when they are found to be
within their jurisdiction or under their control, unless those persons have been extradited to
another State wishing to exercise jurisdiction.
5.
Protection and right to an effective remedy
61.
States should:
(a)
Ensure a prompt and effective judicial remedy as a means of determining the
whereabouts or state of health of migrants whose whereabouts are unknown;
(b)
Ensure the right of migrants to have recourse — with their informed consent
— to the protection and assistance of the consular or diplomatic authorities of their State of
origin if their rights are violated, including the right of the families of disappeared migrants
to be assisted in the search for their whereabouts;
(c)
Promptly initiate an appropriate investigation if a mass grave of migrants is
discovered and refrain from taking any measures that could derail or delay the
investigation;
(d)
Provide redress and ensure the right to adequate compensation, including the
means for as complete a rehabilitation as possible, for all victims. In the event of the death
of a migrant as a result of an act of enforced disappearance, the family members should also
be entitled to compensation.
6.
International cooperation
62.
Given the transnational nature of the enforced disappearance of migrants, States
should carry out all investigative efforts, both for the search for the migrants and for the
prosecution of those presumed responsible, duly cooperating with the authorities of all
States involved and with relevant international organizations.
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