Following the discovery of 383 bodies in a crematorium in Ciudad Juárez, Chihuahua, the Office in Mexico of the UN High Commissioner for Human Rights (UN-HRC) called on the Mexican authorities to investigate the case in accordance with the standards of the Special Rapporteur’s report A/HRC/56/56 on extrajudicial executions.
The High Commissioner requested that the incident, in which at least six funeral homes are involved, be investigated effectively and with respect for the human rights of the deceased.
The report examines, from a human rights perspective, the obligations to protect and respect the dead. It recommends the development of human rights-based guiding principles for the protection of the deceased in order to balance the different levels of protection afforded to the dead under international law.
The standards listed in the report include: effective and dignified investigations, which states that potentially unlawful deaths must be investigated promptly, effectively, thoroughly, independently, impartially, and transparently, and with the application of the Minnesota Protocol, which establishes standards for forensic investigation, respect for human remains, and the rights of families.
The protection of human remains through the assignment of unique codes, registration and photography, the use of body bags, secure storage, and traceability, which are key measures to ensure future identification and prevent the deterioration or loss of remains.
The right of families to know the truth, to receive remains, and to bury them according to their religious and cultural traditions, which includes the fact that disrespectful treatment of bodies may be considered cruel, inhuman, or degrading treatment of relatives.
The applicable international standards under the Convention against Enforced Disappearances, which obliges States to search for, identify, and return remains, as well as maintain records.
The report indicates that, in contexts of armed conflict, International Humanitarian Law (IHL) requires the rapid search for and recovery of bodies; the identification and documentation of corpses; the burial of bodies with respect, if possible according to their religion; the return of bodies to their families, and the preservation of burial sites.
Enforced disappearances include the obligation to investigate, identify, and return the human remains of victims.
It also points out that dignity must be respected even in pandemics, natural disasters, or health crises, avoiding unregistered mass burials, arbitrary cremations, or errors in the return of bodies.
It indicates specific prohibitions to preserve the human right to the dead, among which it recommends prohibiting the mutilation, desecration, or stripping of corpses, as these actions may constitute crimes.
It also prohibits the dissemination of degrading images of corpses—such as on social media—as it may be considered inhumane treatment or intimidation.
Source: eluniversal
