3.1 Relationship with security forces and Judges

The relationship between a missing person’s family and law enforcement is crucial for an effective investigation and providing support during this difficult time. Here are some ways to promote a positive, collaborative relationship:

• Open and transparent communication: Establish open and transparent communication channels between family members and security forces. Provides clear information about the investigation process, the steps being taken, and any relevant developments in the case.
• Active listening: Actively listen to family members’ concerns, questions, and suggestions. Validate their experiences and demonstrate empathy towards their situation.
• Mutual respect: Foster an environment of mutual respect between family members and security forces. Recognize the important role that family members play in the search for their loved one and respect their knowledge and experience.
• Collaboration: Work collaboratively with family members, involving them in the research process and taking into account their perspectives and needs. Listen to their suggestions and consider how they can constructively contribute to the search.
• Regular information and updates: Provides regular information and updates on research progress. Keep family members informed of any relevant developments in the case and respond to their questions in a timely manner.
• Emotional support: Provide emotional support to family members throughout the investigation process. Recognize the emotional impact that their loved one’s disappearance has on them and offer additional support options, such as counseling services or support groups.
• Confidentiality and privacy: Be sure to respect the confidentiality and privacy of family members at all times. Protect personal and sensitive information they may provide and ensure it is handled securely and discreetly.
• Follow-up and continuity: Follow up regularly with family members to keep them updated on any developments in the case and to offer ongoing support as time goes by. Continuity in communication helps strengthen the relationship and maintain trust.

By promoting a positive and collaborative relationship with law enforcement, family members of missing persons can feel more supported and empowered during the search and investigation process. This can also contribute to more effective investigation and greater success in solving disappearance cases.

We also have to know the role of the courts when requesting investigative actions at the request of the police.

Judges play a crucial role in the context of a disappearance, as they are responsible for ensuring that a fair and thorough investigation is carried out, as well as ensuring that the rights of all parties involved are respected. Here are some considerations about the role of judges in the event of a disappearance:

• Investigation Supervision: Judges are responsible for supervising the investigation carried out by law enforcement authorities. This means reviewing progress in the investigation, evaluate the evidence collected and make decisions about additional measures that may be necessary to advance the case.
• Ensure respect for human rights: Judges must ensure that the human rights of all parties involved in the case are respected, including the rights of the missing person and their families. This includes the right to life, liberty and security, as well as the right to a fair trial and protection against torture and other cruel, inhuman or degrading treatment.
• Order protection and search measures: Judges can order the adoption of protective measures to preserve evidence related to the disappearance and to guarantee the safety of family members and witnesses. They can also order the carrying out of specific searches and operations to try to locate the missing person.
• Evaluation of evidence and testimony: During the judicial process, judges evaluate the evidence presented by the parties involved in the case, as well as the testimonies of witnesses and experts. Their role is to determine the credibility and relevance of the evidence presented and make decisions based on the law and the facts of the case.
• Issue resolutions and sentences: Judges have the authority to issue resolutions and sentences in relation to the disappearance case. This may include issuing search warrants, imposing precautionary measures, determining the responsibility of suspected perpetrators, and imposing criminal sanctions if a crime has been committed.
• Promotion of truth and justice: Judges have the responsibility of promoting truth and justice in cases of disappearance. This involves ensuring that all circumstances surrounding the disappearance are investigated, those responsible are identified, and reparations are provided to the victims and their families.

Judges play a fundamental role in the justice system in disappearance cases, ensuring respect for human rights, supervising the investigation and making decisions based on the law and the facts of the case. Their work is essential to guarantee an effective and fair response to these types of situations.