A/HRC/16/70
ongoing criminal investigation. The relatives of the victims should be closely associated
with an investigation into a case of missing persons.
65.
National authorities should immediately hand over any official documentation in
their possession containing information on the activities of their own armed forces or those
affiliated with them that may be relevant to investigations and prosecutions for crimes
under international law. Legal provisions relating to State secrets or national security
should not be invoked to obstruct the handing over of such documentation. In particular,
military officials should provide unconditional cooperation in investigations on missing
persons, including full details of events relating to missing persons, and the whereabouts of
military officers, whether in active service or retired, who are suspected of involvement in
missing persons or who may possess information on individual cases.
66.
In cases where there is a suspicion or prima facie evidence that a deceased person
may have been victim of an extrajudicial execution or other human rights violations, a
prompt, thorough, independent and impartial investigation should be conducted on the
circumstances surrounding the death of the person, in accordance with international
standards, including the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions.19
67.
As a general principle, there should be no recourse to pardon, amnesty or similar
political measures to terminate the criminal prosecution or punishment of crimes linked to
missing persons. Pardon or amnesty should not, however, be excluded for the purposes of
finding the truth and facilitating the peace process. In any case, blanket amnesty laws must
not be enacted and the above-mentioned measures must be applied in accordance with
international law.
68.
The progress achieved in recent years in combating impunity for crimes against
humanity and war crimes is important insofar as it increases respect for international
humanitarian law and therefore helps to reduce the number of missing persons. However,
this might also lead to difficulties in obtaining information about the fate of missing
persons through the mechanisms provided for by international humanitarian law, since the
responsible authorities would fear criminal prosecution. In this regard, effective means to
collect relevant information on missing persons should “generate greater incentives for
those with information on the fate of the missing to speak out, rather than to remain silent
and be an obstacle to the fight against impunity”.20 In such a way, the right of the families
to know the fate of their relatives and criminal prosecution work together towards the
achievement of justice.
IX.
Legal status of missing persons and support for families of
persons unaccounted for
69.
The question of missing persons entails consequences not only for the victims
themselves, but also for their families, especially dependent women, elderly persons and
children, who are more directly affected owing to social and cultural constraints. In certain
cases, family members even hesitate to obtain information of their missing wives or
daughters; in others, women who have been able to return are rejected by their families.
States must ensure that families do not suffer from any stigmatization related to the
19
20
14
Economic and Social Council resolution 1989/65, annex.
Monique Crettol and Anne-Marie La Rosa, “The missing and transitional justice: the right to know
and the fight against impunity”, International Review of the Red Cross, 2006, vol. 88, No. 862, pp.
355-362.
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