2. 34. Investigators and law enforcement officials should have regard for all relevant international standards, principles and codes. These include, in addition to the Principles and Protocol, the 1985 UN Basic Principles on the Independence of the Judiciary,70 the 1990 UN Basic Principles on the Role of Lawyers,71 the 1990 UN Guidelines on the Role of Prosecutors,72 as well as the 1979 UN Code of Conduct for Law Enforcement Officials73 and the 1990 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.74 Investigators should also be guided by the Siracusa Guidelines,75 the Lund-London Guidelines,76 the OHCHR’s Commission of Inquiry Guidance,77 and the 2015 “Nelson Mandela Rules”.78 3. to ensure that the family members are able to participate effectively, the authorities should provide funding for a lawyer to represent them. In the case of a child (and where there are no other relatives), a trusted adult or guardian (who may not be related to the deceased or disappeared person) may represent the interests of the child. In certain circumstances – for example, where family members are suspected perpetrators – these rights may be subject to restrictions, but only where, and to the extent, strictly necessary to ensure the integrity of the investigation. Relevant international principles and codes The participation and protection of family members during an investigation 35. The participation of the family members79 or other close relatives of a deceased or disappeared person is an important element of an effective investigation.80 The State must enable all close relatives to participate effectively in the investigation, though without compromising its integrity. The relatives of a deceased person must be sought, and informed of the investigation. Family members should be granted legal standing, and the investigative mechanisms or authorities should keep them informed of the progress of the investigation, during all its phases, in a timely manner.81 Family members must be enabled by the investigating authorities to make suggestions and arguments as to what investigative steps are necessary, provide evidence, and assert their interests and rights throughout the process.82 They should be informed of, and have access to, any hearing relevant to the investigation, and they should be provided with information relevant to the investigation in advance. Where necessary 36. Family members should be protected from any ill-treatment, intimidation or sanction as a result of their participation in an investigation or their search for information concerning a deceased or disappeared person. Appropriate measures should be taken to ensure their safety, physical and psychological well-being, and privacy. 37. Family members have specific rights in relation to human remains. When the identity of a deceased person has been determined, family members should be informed immediately and thereafter a notification of death posted in an easily accessible way. To the extent possible, family members should also be consulted prior to an autopsy. They should be entitled to have a representative present during the autopsy. Upon completion of the necessary investigative procedures, human remains should be returned to family members, allowing them to dispose of the deceased according to their beliefs. 70 Adopted by the Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly Resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985. 71 Adopted by the Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders and endorsed by General Assembly Resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985. 72 Adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990. 73 Adopted by UN General Assembly Resolution 34/169 of 17 December 1979. 74 Adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990. 75 Siracusa Guidelines for International, Regional and National Fact-Finding Bodies, adopted by the International Institute in Higher Studies in Criminal Sciences, Siracusa, Italy, 2013. 76 The International Human Rights Fact-Finding Guidelines (The Lund-London Guidelines) were produced by the International Bar Association’s Human Rights Institute and the Raoul Wallenberg Institute in 2009 and revised in 2015. 77 OHCHR, Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law, Guidance and Practice, 2015. 78 UN Standard Minimum Rules for the Treatment of Prisoners (the “Nelson Mandela Rules”), adopted by UN General Assembly Resolution 70/175 of 17 December 2015. 79 The term “family” in this Protocol should be understood broadly as applying to the relatives of the deceased. 80 Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Mr. Pablo de Greiff, UN doc. A/HRC/21/46, 9 August 2012, para. 54. 81 See, e.g., IACtHR, Villagrán-Morales and others v. Guatemala, Judgment, 19 November 1999, paras. 225, 227, 229. 82 UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, Principle 16; IACHR, Manuel Stalin Bolaños v. Ecuador, Report No. 10/95, Case 10.580, 12 September 1995, para. 45. 9

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