Guide on the rights of families of missing persons from the communist era

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Courts are the responsible justice institutions: when hearing criminal cases, on the basis of facts and evidence submitted by the Prosecution, they determine the culpability of the perpetrators of a criminal offense.

2.2 Other institutions involved in the process and their responsibilities The Authority for Information on Former State Security Documents, with the latest amendments to its basic law On the right to access information in former State Security documents of the RPSSH/PSPRA has taken on a new, coordinating role, with all other state institutions for the process of finding, identifying and recovering the bodies of the missing from the communist era. Article 22/1 of Law 45/2015 - Cooperation for the identification and recovery of the bodies of the missing and executed, as well as measures for the preservation of burial sites (added by law no. 114/2020, dated 29 July 2020) provides that: 1. The Authority cooperates with central and local state institutions for the process of identification and recovery of the bodies of the missing or executed during communism, and takes measures adequately to protect and preserve the places that are currently or will later be identified as burial sites. 2. The rules of cooperation between the Authority and central and local institutions for the identification and recovery of the missing from the communist era are provided in bilateral or multilateral agreements concluded for this purpose. 3. The responsible authorities and the manner of protection and preservation of the identified or suspected burial sites are determined by Decision of the Council of Ministers. GUIDE

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