Domestic Mechanisms Database
The Domestic Mechanisms Database includes mechanisms from around the world that have been put in place at national levels to address the crime of enforced disappearances. It includes criminal, constitutional and civil legislation, truth and reconciliation bodies, search and forensic mechanisms, reparation among other domestic frameworks. Users can search the source bank through a filter-based or key-term search and access text in English, Spanish, Russian and French.
Search the PDF content in documents uploaded to the Enforced Disappearance Legal Database.
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Criminal Offence of Enforced Disappearances
The Law defines enforced disappearance as follows: a) The public authority, whether civil or military, or any person in the service of the State that illegitimately deprives a person of liberty, and refuses to recognise the detention or to provide information about the fate or situation of the disappeared person, preventing the exercise of their rights; b) Members of groups or associations with terrorist, insurgent or subversive purposes, who, acting as members or collaborators of such groups or associations, forcibly disappear a person. A reduced penalty is provided for whoever acts as an accomplice or accessory to the crime of ...click to read more
Keywords: Non-derogation | Statute of limitations | Urgent measures | Extradition | Duty to Investigate | State/non-State actors | Criminal offence of enforced disappearance | Sanctions and mitigations | Criminal responsibility
Act on Missing Persons in the Homeland War
The Law provides that persons who went missing in the Homeland War between 1991 and 1995, including those who disappeared, are presumed to be alive until their burial place is identified or until they are declared dead following proof of their death. It also provides that family members of a missing person have the right to learn about their whereabouts or to find their mortal remains, and also to learn about the circumstances of their disappearance or death. The Ministry for Croatian Homeland War veterans is required to provide them with available information regarding the progress and results of the ...click to read more
Keywords: Forensics / DNA | Protection of witnesses/victims | Search
Republic of Croatia Government Commission for Persons Missing in the Homeland War
The Republic of Croatia Government commission for persons missing in the Homeland War is an advisory expert body. Its functions include: a) proposing to the government measures regarding the gathering of information on missing persons and on sites of mass and individual graves; b) monitoring activities undertaken by State administration bodies and other bodies whose responsibilities include dealing with the issue of missing persons, and proposing to the government measures for improving the effectiveness of their work; c) monitoring the work of international organisations whose responsibilities include dealing with the issue of missing persons, and making proposals to the government ...click to read more
Keywords: Search
Definition of Enforced Disappearance
The Law defines enforced disappearance as follows: a) deprivation of liberty committed by anyone who, acting for political reasons under order, authorisation or support of State authorities, hides the victim's whereabouts, refuses to reveal their fate or to recognise their detention, or by any public official or employee who orders, authorises, supports or gives acquiescence to such action; b) deprivation of liberty committed by elements of the State security forces in the exercise of their position, even in the absence of political motive, when they act arbitrarily or with abuse or excess of force; c) kidnapping committed by members ...click to read more
Keywords: State/non-State actors | Criminal offence of enforced disappearance
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 ...click to read more
Keywords: Protection of witnesses/victims | Satisfaction | Legal status
Central Register on Missing Persons
The Law provides that a Central Register on Missing Persons shall be established by the Governmental Commission on Missing Persons with the purpose of ensuring the implementation of its mandate and clarifying the fate of missing persons. The Commission shall collect in the Register data on missing persons collected from all available sources, useful to reveal their identity and location or the circumstances of their disappearance. Such data shall be exchanged with the relevant State institutions, as appropriate, for the purpose of searching and identifying the missing persons or recovering their mortal remains. Families and legal representatives of missing persons, ...click to read more
Keywords: Access to information | Search
Governmental Commission on Missing Persons
The Governmental Commission on Missing Persons is a governmental body which supervises and coordinates activities regarding the clarification of the fate of missing persons as a result of the Kosovo war, regardless of their ethnic background, religion, military or civil status. The Commission shall inform family members of the fate of missing persons, and shall cooperate with their associations, exercising its activity in cooperation with local and international institutions and organisations, the Public Prosecution Office, courts and other entities authorised to collect data on missing persons. The Commission also coordinates activities with international and local institutions on the construction of ...click to read more
Keywords: Access to information | Search
National Commission for the Missing and Forcibly Disappeared
The National Commission for the Missing and Forcibly Disappeared is established as an independent subject, with financial and administrative autonomy. Its functions include the following: a) receiving all tracing-related information available from competent authorities; b) conducting investigations to trace forcibly disappeared persons and to work for their release or the recovery of their remains; c) receiving the testimony of any person suspected of having information, while protecting their safety and security; d) receiving reports about forcibly disappeared persons, information on burial sites, and testimonies of relatives or witnesses; e) ensuring verification and storage of information pertaining to forcibly disappeared persons, ...click to read more
Keywords: Search | Forensics / DNA | Protection of witnesses/victims | Duty to Investigate | Legal status
Exhumation Committee
A multidisciplinary independent Exhumation Committee is established every time that the National Commission for the Missing and Forcibly Disappeared seizes a burial site. The mandate of the Committee is to excavate the burial site, exhume its content and identify remains buried therein. It establishes scientific procedures to conduct forensic analyses to identify human remains and, at the end of investigations, submits to the National Commission a comprehensive report, including video evidence and medical reports corroborating the identities of human remains. The Committee is composed of: one representative of families of forcibly disappeared persons; one expert specialising in identifying human remains; ...click to read more
Keywords: Search | Forensics / DNA
Central Records of Missing and Forcibly Disappeared Persons
The Central Records of missing and forcibly disappeared persons is created by the National Commission for the Missing and Forcibly Disappeared, and includes individual records pertaining to forcibly disappeared persons regarding whom a tracing request has been submitted. The information thereby contained are subject to the principle of confidentiality. Associations representing family members, international organisations, natural persons, or any legal entity in possession of a database related to a disappeared person may be requested to provide the National Commission with information in order to complete the Records. All data entered into the Central Records is subject to verification by the ...click to read more
Keywords: Search