Strengthening search processes: key lessons and pathways for effective search.

 

This session was dedicated to search processes and to families’ inalienable right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of their loved ones. Panelists from various regions of the world shared their insights as experts and as family members involved in search processes. The session included powerful testimonies from women searching for their loved ones, lessons learned and recommendations regarding the following main issues

Key issues raised

 • Coordination between search and criminal investigation processes: This panel examined how search efforts can be effectively integrated with criminal investigations to ensure a holistic approach to truth and justice. States have a dual obligation (1) to search for and locate the disappeared and (2) to investigate, prosecute, and punish those responsible. These obligations are distinct yet interconnected. The search process can yield information relevant to criminal investigations, and vice versa. Additionally, comparative experiences demonstrate the need for better coordination between judicial and extrajudicial processes to optimize outcomes.

 • The crucial role of families; Families have the right to take part in search processes. Moreover, their participation is essential to inform the search for their loved ones. Their knowledge is unique and crucial to such efforts. Experience also shows the power of collective family efforts in achieving breakthroughs, for example in advocating for legislative changes, the establishment of regional identification centers, conducting mass forensic identification or their role in the establishment of the Independent Institution on Missing Persons in Syria (IIMP).

 • Challenges regarding the institutionalisation of the search: Based on their experience, panelists highlighted various challenges regarding the development of search processes and capacities. These include: the separation of search and identification processes; data collection and centralization to avoid fragmentation, data management and protection; the coordination between search and judicial institutions; limited, short-term resources whereas the search for the disappeared is a long-term endeavour. 

• The contribution of forensic anthropology and related challenges: Forensic contributions to search processes include providing evidence for criminal investigations, identifying remains, and ensuring their dignified handling to families. However, capacity gaps remain in most countries. The number of forensic experts is far from sufficient. 13 countries only have an experience longer than 10 years in this area in the whole world, including 7 in Latin America and 4 in Europe. Other related challenges include science limitation, for example due to natural conditions making it impossible to find the remains, or the difficulty to trace family members to collect DNA samples, especially across regions and borders.

Recommendations for action

 • Ensuring meaningful family participation: Families should be involved at every stage of the search and judicial process, but also in the development of related public policies, legislation and mechanisms. This means that families should be involved in decision-making i.e., not only to provide DNA samples or be relegated to a symbolic role.

 • Encouraging and supporting collaborative efforts: Families and relevant authorities should listen to each other and cooperate. Families should unite to amplify their voices. More generally, alliances between international, regional, and national organizations are essential to foster dialogue and collective efforts. Enforced disappearance is a worldwide phenomenon, and best practices should be shared to address this scourge effectively.

 • Strengthening legal and institutional framework: Legal and institutional frameworks should be strengthened for States to be able to protect all persons from enforced disappearance. This implies adopting adequate legislation and processes that follow a comprehensive, victim-centred approach. Identification and search processes should be integrated rather than separate.

 • Filling capacity gaps: Training and resources should be provided to develop forensic capacity, especially in under-resourced regions (Africa, Asia and the Middle East). Partnerships between national and international forensic institutions should be expanded and strengthened to exchange experience and knowledge. Specialized training should also be provided to relevant officials and professionals, including the media who report on search efforts, to raise awareness about enforced disappearance and its impact on families. 

• Strengthening data management and information sharing: Centralized and secure databases to compile and manage data on disappeared persons should be set up and international protocols developed for sharing sensitive information while protecting victims’ privacy. Families should have access to information and receive regular updates on their cases, reducing their reliance on ad-hoc efforts.