Helsinki Citizens’ Assembly-Vanadzor

In 2024, the International Commission of the Missing Persons (ICMP) published an annual report on Armenia. According to the report, the number of missing persons in Armenia is more than 1000. In particular; 

• 777 missing from the First Karabakh War (1990s).
• 195 missing from the Second Karabakh War (2020-2022).
• 42 missing due to forced displacement in September 2023.

DNA Sample Collection:

• 1,200-1,400 - First Karabakh War 
• 3,000 - Second Karabakh War 

According to the ICMP, the main challenges related to missing persons in Armenia are;

Legal Framework:

Armenia lacks comprehensive legislation specifically addressing missing persons and their families. 

Institutional and Procedural Gaps:

• Absence of a centralized, integrated data system for managing information on missing persons.
• Insufficient coordination among institutions, leading to delays and inefficiencies.
• Inadequate forensic and DNA recovery capacities, including limited expertise in handling commingled or burned remains.

Family Engagement:

• Families often face difficulties accessing information, legal support, and social assistance.
• Insufficient mechanisms for families to review or contest identification results.

International Collaboration:

• Lack of effective cooperation with Azerbaijan for search and recovery operations.
• No established independent mechanism for comparing DNA profiles between Armenia and Azerbaijan.

Recommendations 

1. Strengthen Legal and Institutional Frameworks:

• Draft and adopt a comprehensive law on missing persons, ensuring family rights are protected and state responsibilities clearly defined.
• Establish an independent state agency focused solely on missing persons, incorporating civil society and family representatives. 

2. Enhance Data Management:

Implement a centralized data system, such as ICMP’s Integrated Data Management System (iDMS), for efficient processing, tracking, and communication. 

3. Improve Forensic Procedures:

• Strengthen the Scientific-Practical Center of Forensic Medicine’s capacity to handle complex cases involving skeletonized, burned, or fragmented remains.
• Ensure standardized recovery protocols and allow for photographic documentation during search operations.

4. Guarantee Family Rights and Engagement:

• Establish clear protocols for notifying families, incorporating psychosocial support.
• Create accessible systems for families to track cases and communicate with responsible authorities.

5. Promote International Cooperation:

• Advocate for a collaboration mechanism with Azerbaijan to facilitate recovery operations and DNA comparisons.
• Seek further international support to bolster domestic capacities and promote transparency.

Since 2004, HCAV has dealt with the problems of missing persons, and has fought to adopt the law on “Missing persons”. Taking into account the risk of conflict escalation, in 2000’s, HCA-Vanadzor initiated the works of developing the RA draft law on “Missing persons” with the cooperation of the representatives of the RA National Assembly, RA president’s office, RA Ministry of Defence, RA Police, RA National Security Service, RA Ministry of Health, RA Ministry of Labor and Social Affairs, RA Human rights defender as well as the International Committee of the Red Cross. 

The draft of the proposed law envisaged the definition of the legal status of the missing person as well as the formation of an independent professional structure, which should deal with the acquisition of information about the fate and whereabouts of the missing person. The draft law also assumed obligations towards the relatives of the missing person and an investigation of the circumstances of the disappearance.  

Only 13 years after the presentation of the draft Law "On Missing Persons" (2011), effective steps were taken by the Republic of Armenia towards the adoption of the Draft Law. In May 2024, the Ministry of Justice of the Republic of Armenia provided the Organization with the concept of the law "On Missing Persons". 

According to the RA Ministry of Justice, the development of the Draft Law is in the finalization phase. 

For nearly two decades, HCAV has been raising the problems mentioned in the report published in 2024 by the International Committee of the Missing Persons (ICMP). HCA Vanadzor, based on the state’s responsibility to ensure the life, health, and safety of its citizens and to provide proper public awareness on these matters, conducted an investigation and analysis of the issues faced by those who went missing during the hostilities between September 27 and November 9, 2020, and their families. This analysis addressed the challenges faced by the missing persons and their families, as well as the actions taken by the state.  

Our studies showed that, 

• The right of families of missing persons to receive information about the whereabouts and fate of their persons is not effectively ensured by the state.
• There is no available unified information base where all the data of the missing persons would have been collected. 
• Different state bodies have exercised the same powers and functions during the military operations of 2020 and in postwar times; as a result, it is not clear for the families of the missing persons to which body to apply when there is a need to receive information about different matters.
• The families of missing persons who have been directly and immediately affected by the war have numerous needs, particularly in terms of social, legal, financial, and psychological support.
• The investigation of the circumstances of the disappearance of persons as a result of war operations is not regulated by any RA law or norm.