Law on missing persons

The Law defines as missing persons those whose whereabouts are unknown to their family members, and who based on reliable information were reported missing between 1 January 1998 and 31 December 2000, as a consequence of the war in Kosovo. It provides that everyone has the right to know about the fate of their missing family member(s), including their whereabouts, the circumstances of their death and their burial place, and the right to recover their mortal remains. It further provides that nobody shall be exposed to criminal liability, threats or violence for inquiring about the fate or whereabouts of their missing family members. The Law also provides that a family member who can prove their material dependency on the incomes of the missing person may ask a court to receive a daily payment taken from the properties of the missing person to fulfil their needs. The civil status of the spouse of a missing person does not change until the identification of their mortal remains, or the proclamation of death of the missing person by a court. The Law provides that a request for a search procedure for a missing person shall be submitted to the Governmental Commission on Missing Persons by the family members of the missing person, as well as other persons and competent bodies. Such request should contain the minimal data for verifying the identity of the missing person. The Commission reviews all requests relating to missing persons, and has the duty to inform family members of the missing persons about the outcome of their searching requests. The search for a missing person is considered completed when the latter is located or their mortal remains are identified, and shall not be terminated even if a missing person is declared dead. The expenses of reburial after the identification of mortal remains of missing persons shall be covered by the Commission.