A/HRC/16/70 56. The right to know must be clearly recognized in domestic law and regulations. States and parties to an armed conflict are under an obligation to take the necessary measures to clarify the fate of missing persons 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. Effective remedies, including adequate compensation, should be provided for any violation of this obligation. The systematic and deliberate denial of the right to know the fate of one’s relative should be punished as a criminal offence under domestic law. Moreover, any available information must be provided not only to the families but also to relevant institutions tracing missing persons. 57. In armed conflicts, protected persons must be allowed to inform, or require the competent authorities to notify, their families (or any other person of their choice) of their capture or arrest, address and state of health. The systematic and deliberate denial of this right should be criminalized under domestic law. The right of protected persons to correspond with the members of their family must also be ensured. 58. In armed conflicts, regular access and visits to all protected persons deprived of their liberty for reasons related to the conflict must be granted to ICRC immediately after their capture or arrest and until their release. 59. No punishment should be imposed for maintaining private or personal contact with relatives or for seeking information regarding the fate or whereabouts of a relative who is detained or interned. The right must be upheld no matter the nature of the act the person is suspected of having committed, including criminal acts and against State security.18 VIII. Criminal investigation and prosecution of human rights violations linked to missing persons 60. While focusing on the humanitarian dimension of missing persons in armed conflict, it is also necessary to bear in mind the fact that cases of missing persons may also constitute criminal offences sometimes amounting to war crimes or crimes against humanity. States should ensure effective investigation and prosecution of all serious human rights violations linked to missing persons. 61. Comprehensive national policies on missing persons to be adopted and duly implemented by States should entail, inter alia, criminalization under national criminal legislation of violations of international humanitarian norms and international human rights standards applicable to the issue of missing persons, and the establishment of a mechanism for investigation and prosecution to guarantee the enforcement of the said legislation. 62. It should be possible for a criminal investigation into a case of missing persons to be conducted for as long as the fate and whereabouts of the missing persons have not been clarified. This obligation also includes the duty to provide full protection to witnesses, relatives, judges and other participants in any relevant proceedings. 63. Domestic legislation should provide for the possibility of conducting independent forensic investigations in cases of persons unaccounted for during an armed conflict. 64. The findings of criminal investigations into cases of missing persons should be made available upon request to all interested persons, unless doing so would jeopardize an 18 See Guiding Principles / Model Law on the Missing, available from the ICRC website (www.icrc.org). 13