1. The Committee of
Ministers has carefully examined Parliamentary Assembly Recommendation 2284 (2024) “Missing migrants, refugees and asylum seekers – A call
to clarify their fate” and has forwarded it to the Steering Committee
on Legal Co-operation (CDCJ), the Consultative Council of European
Prosecutors (CCPE) and the Steering Committee for Human Rights in
the fields of Biomedicine and Health (CDBIO), for information and
possible comments. The Committee of Ministers agrees with the Assembly
that the phenomenon of migrants, refugees and asylum seekers going
missing is a tragedy largely underestimated and neglected as a human
rights issue and that it requires co-ordinated policy responses.
2. In this context, the Committee draws the Assembly’s attention
to its Recommendation CM/Rec(2009)12 on principles concerning missing persons and the presumption
of death. This sets out a number of principles related to the issuing
of a declaration of presumed death of missing persons in specific
circumstances and the time limits. It defines the authorities competent
to deliver a declaration of death and the requesting party, which can
be a person or body with a legitimate interest or an authority designated
for that purpose. It also sets out that when publicity concerning
the search for a missing person is deemed necessary in proceedings
regarding a declaration of presumed death, this should be carried
out by any appropriate means, including new technologies.
3. The Committee of Ministers takes note of the Assembly’s proposals,
notably as regards the need for common standards across member States
in order to enhance search processes and to improve the management
and forensic identification of missing persons in Europe, and will
bear them in mind, as appropriate.
