Principles concerning missing persons and the presumption of death – Recommendation CM/Rec(2009)12 and explanatory memorandum

This recommendation deals with the issuing of a declaration of presumed death and provides guidance to states in the three following situations:

- when death can be taken as certain;
- when it is reasonable to conclude that the death of the missing person is likely;
- when, although the missing person's death is uncertain, his or her disappearance cannot be reasonably attributed to any cause other than death.

The recommendation seeks to strengthen legal certainty for persons whose fate and whereabouts are unknown, and for those with a legitimate interest in the declaration of presumed death.

• Primary Source

Council of Europe: Principles concerning missing persons and the presumption of death. Recommendation CM/Rec (2009) 12 http://www.coe.int/t/dghl/standardsetting/family/Fact%20Sheet%20on%20missing%20persons.pdf

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