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. 10

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