Participatory Rights surrounding mass graves

Abstract (English)

In the context of the search and investigation of mass graves, the participation of relatives is often constrained to the conventional roles of plaintiffs, witnesses, or victims. While victim participation in criminal proceedings is not a novel concept and is broadly framed within existing legal structures, a more expansive and substantive understanding of participatory rights has long been advocated for—particularly in regions where enforced disappearance has been widespread and systematic, and where civil society has played a leading role in the search for missing persons.
Beyond the legal discussion surrounding the constitutive elements of the crime of enforced disappearance, the active engagement of both State and non-State actors in investigations—beyond the scope of victims’ rights—remains underexplored and under-implemented. In practice, particularly in contexts involving mass graves, the realization of participatory rights for relatives, survivors, and civil society actors continues to be contested. This tension often manifests in forms of forensic activism and grassroots civic organization, where groups challenge the State’s exclusive authority over the management of the deceased. In some cases, families have taken the lead in locating mass graves and establishing memorialization sites, asserting agency in the pursuit of truth and justice.
This study examines the disjuncture between legal frameworks and the practice of participatory rights in such contexts. The research scope concerns two primary dimensions: first, the cases and stages to which victim participation is legally constrained, in national and international frameworks; and second, since participatory rights are frequently examined through the lens of civil, political, and cultural rights, a significant aspect of this study involves unpacking and delving into the purpose and content of participatory rights from truth and justice perspectives, aiming to highlight the challenges and limitations in achieving their effective recognition and justiciability.