Related Resources

"Disappearances" and Political Killings - A Manual for action view details >>

What is an exhumation

Exhumation is the technical procedure through which mortal remains are disinterrated. According to certain cultures, this practice is considered sacrilege. In cases of disappearances, exhumation plays a fundamental role in order to identify the remains of the disappeared person, allow their return to the relatives for reburial in accordance with their religious beliefs and rites. However exhumations are also 'crime scenes' and by the forensic experts are treated as such. Evidence has to be collected and preserved cautiously and the exhumation ground is therefore often off limits for family members. This can cause tensions with the relatives that would foremost be near and rebury the remains as soon as possible.

Responsibilities

The state responsibilities in exhumations are:

locate, exhume, respect, identify and return the mortal remains of disappeared persons
cooperate with other states, afford assistance to perform exhumations
if a person dies during custody, the state must establish the circumstances and cause of death, destination of the remains, and communicate with the relatives
protect and preserve grave sites

The exhumation must be ordered by official authorities. In places where there is an ongoing conflict, the ICRC may put pressure on domestic authorities to order the carrying out of exhumations.

Exhumations must be carried out by forensic experts. These experts must be competent, independent and impartial. Forensic anthropology is the study of medical-legal questions relating to a deceased person through the examination of his or her skeletal remains, aiming at determining the person's identity and the manner and cause of death.

Rights and Support of the Relatives

Forensic investigators should assist victims' families to:

have access to sites where investigations are being carried out
provide with basic information before, during and after forensic work is done, informing them of possible outcomes
have their concerns, doubts, questions and objections taken into account
provide them with the results of forensic investigations

NGOs and family organisations can assist the relatives by:

finding a forensic team and establishing direct contact
serve as a bridge between forensic experts, judicial authorities lawyers and judges.
lobbing on governments for creation of national forensic teams, protection of burial sites and preservation of crucial evidence as well as for the establishment of national DNA database.
lobbing for the implementation at domestic level of international standards on exhumation.
providing relatives of disappeared with psychological support, prior, during and after the exhumation.
providing protection to witness and relatives prior, during and after the exhumation