A/HRC/45/13/Add.3
migrants.273 Any effective investigation should be undertaken with the requisite cooperation
between States to conduct transnational investigations into these cases. 274 The Working
Group recalled that an effective investigation of disappeared migrants comprises forensic
investigative resources, the compilation of all relevant ante-mortem information, including
the genetic information of the relatives and the creation of a central database. 275
Investigative steps imply the location of clandestine graves or other places where bodies
may be concealed in migratory transit areas and the establishment of a register of corpses
found.276
139. The Inter-American Commission on Human Rights held that the failure to take
effective investigative steps and further collusion between State agents and criminal
organizations led to the enforced disappearances of migrants in Mexico.277 The Office of
the Prosecutor of Human Rights of Guatemala documented severe flaws in relation to
effective investigations in relation to the location and identification of bodies and the burial
of human remains of migrants transiting through Mexico.278
140. Positive practices by States include the collection of a total of 229 genetic markers
and 348 fingerprints in 2016 in Tunisia in connection with a list of 505 persons reported
missing on the Italian coast as a result of clandestine immigration since 14 January 2011. A
database was also compiled from the file of missing persons and steps were taken to
intensify diplomatic action. 279 In Mexico, a forensic commission mandated to exhume,
identify and return the mortal remains of missing migrants was established in August 2013
for three burial sites of mass graves.280
G.
Obligations to investigate disappearances committed by non-State
actors
141. Enforced disappearances committed by non-State actors present particular
challenges for the protection of victims and warrant investigative measures to be
undertaken by the State as part of their due diligence obligations.281 Even if the State is not
involved in the commission of the enforced disappearance through the collusion or
acquiescence of State agents with non-State actors, the State breaches its obligation when
not engaging in effective investigations.282
142. The European Court and the Inter-American Court held that the same requirements
of ex officio investigations, promptness, effectiveness, involvement of family members,
and impartiality of investigating entities apply in relation to enforced disappearances
allegedly committed by non-State actors.283
143. The European Court stated in Tsechoyev v. Russia (paragraph 145): “The obligation
to conduct an effective official investigation also arises where death occurs in suspicious
circumstances not imputable to State agents. It has developed a number of guiding
principles to be followed for an investigation to comply with the Convention’s
273
274
275
276
277
278
279
280
281
282
283
46
A/HRC/33/51/Add.1, para. 67; A/HRC/36/39/Add.2 para. 65.
JAL GMB 1/2018.
A/HRC/36/39/Add.2, para. 68.
Ibid. 69.
Inter-American Commission on Human Rights, OEA/Ser.L/V/II. Doc. 48/13, 30 December 2013,
para. 162.
Ibid, para. 170; See Fundación para la Justicia y el Estado Democrático de Derecho et al., Alternative
Report to the Committee against Torture, May 2012, available at tbinternet.ohchr.org/Treaties/
CAT/Shared%20Documents/MEX/ INT_CAT_NGO_MEX_12976_S.pdf, paragraphs 136–150.
See the contribution for this report by Tunisia. Available at www.ohchr.org.
See Gabriella Citroni, “The first attempts in Mexico and Central America to address the phenomenon
of missing and disappeared migrants,” International Review of the Red Cross No. 905 (August 2017)
p. 749.
IACHR, Velásquez-Rodríguez v. Honduras (see footnote 123) para. 172; See Section III, K of the
Thematic Report.
European Court of Human Rights, Mahmut Kaya v. Turkey (see footnote 187) paragraph 78.
European Court of Human Rights, Tsechoyev v. Russia (footnote 170) paragraph 145; IACHR, The
Pueblo Bello Massacre v. Colombia (see footnote 127) paras. 142–146.
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