相关规则
Colombia
Practice Relating to Rule 114. Return of the Remains and Personal Effects of the Dead
Section A. Return of the remains of the dead
Colombia’s Law Regarding Victims of Enforced Disappearance (2010) states: “The present law aims at paying tribute to the victims of the crime of enforced disappearance, … and providing assistance to their relatives during the process of return of the exhumed bodies and human remains.” 
Colombia, Law Regarding Victims of Enforced Disappearance, 2010, Article 1.
The Law also states:
Victim. The person who has been subjected to enforced disappearance … . Also [victims are] relatives of the direct victim, including the spouse or permanent partner, relatives within the first degree of consanguinity, the first degree of civil relationship with the direct victim of enforced disappearance, as well as other relatives who have suffered direct harm as a consequence of the enforced disappearance. 
Colombia, Law Regarding Victims of Enforced Disappearance, 2010, Article 2.
The Law also states: “The … memory of the forcibly disappeared victims of the Colombian conflict will be celebrated in the last week of May, in the context of the Week of the Detained-Disappeared, and on 30 August, the International Day of the Disappeared.” 
Colombia, Law Regarding Victims of Enforced Disappearance, 2010, Article14.
In a case before Colombia’s Administrative Court in Cundinamarca in 1985, it was stated that families must not be denied their legitimate right to claim the bodies of their relatives, transfer them to wherever they see fit, and bury them. 
Colombia, Administrative Tribunal of Cundinamarca, Case No. 4010, Informe del Tribunal Especial de Instrucción, 6–7 November 1985, cuaderno de pruebas.
In 2010, in the Constitutional Case No. C-238/10, the Plenary Chamber of Colombia’s Constitutional Court stated:
5.2.3. …This Court finds that the draft law under consideration [draft law Regarding Victims of Enforced Disappearance] … requires the State to undertake several measures with the aim of localizing and fully identifying victims of the crime of enforced disappearance [and] providing assistance to the relatives of the victims during the process of return of the exhumed bodies and remains …
5.2.4. … [T]hrough the norms that are the object of the presidential objection, the Colombian State complies with its human rights obligations, as well as articles 12 and 93 [of the 1991 Constitution, respectively on the prohibition of enforced disappearance and the prevalence of human rights treaties], and [fulfils] the rights to justice, truth and reparation. 
Colombia, Constitutional Court, Constitutional Case No. C-238/10, Judgment, 7 April 2010, pp. 28 and 30.
[footnotes in original omitted]
The Court also stated:
The following is the text of the draft law:
ARTICLE 14. The … memory of the forcibly disappeared victims of the Colombian conflict will be celebrated in the last week of May, in the framework of the Week of the Detained-Disappeared, and on 30 August, the International Day of the Disappeared. 
Colombia, Constitutional Court, Constitutional Case No. C-238/10, Judgment, 7 April 2010, pp. 3 and 8.
In 2008, in its fourth periodic report to the Committee against Torture, Colombia stated:
202. … [P]rogrammes have been developed in all areas of activity of the Institute for a reliable identification of the deceased in any medico-legal post-mortem, including the specification of the final destination of the body where exhumation is required for corroboration purposes. A national registry of missing persons is being developed in order to implement these measures. The progress in question is reflected in decree No. 4218/05 on the National Registry of Missing Persons. That registry constitutes an information system containing reference data provided by the intervening bodies in their area of competence. It is a source of accurate, opportune and useful information for identifying corpses having undergone an autopsy within the national territory; guiding the search for persons reported as victims of forced disappearance; and facilitating follow-up on such cases and the activation of the Urgent Search Mechanism.
203. Institute staff is constantly kept up to date in the area of human rights and IHL. For instance, the 13th National Legal Medicine and Forensic Sciences Congress, held in 2006, addressed the following topics: (i) Differences and relation between human rights and IHL; (ii) the concept of forced disappearance; (iii) forensic sciences and humanitarian challenges; (iv) relations between the inter-American system of human rights, the International Criminal Court and the domestic juridical system.
235. [A] National Plan for searching for missing persons has been drawn up in consultation with all bodies participating in the National Commission for emergency searches for missing persons referred to in Colombia’s third report to the Committee, with a view to, primarily, locating those persons alive or, alternatively, restoring their bodies to their relatives so that the family may mourn according to their customs and beliefs. 
Colombia, Fourth periodic report to the Committee against Torture, 21 February 2008, UN Doc. CAT/C/COL/4, submitted on 21 January 2008, §§ 202–203 and 235.
[footnote in original omitted]
In 2009, Colombia’s National Council for Social and Economic Policy approved a policy on the Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia. The policy states:
I. INTRODUCTION
This document submits for consideration by the National Council for Social and Economic Policy the short, medium and long-term actions to be taken by the Colombian State and required to consolidate the mechanisms for the tracing and full identification of persons who disappeared as a consequence of the violence in the country and for the return of mortal remains to their relatives. …
This consolidation constitutes a constitutional obligation of the Colombian State. Respecting and realizing this are conditions sine qua non for the effective enjoyment of the rights to truth, justice and reparation by the victims of violence in Colombia, and for making the pacification and national reconciliation project viable.
II. BACKGROUND
A. Legal Background
iii. Responsibilities of the Colombian State on the search and identification of disappeared persons
… [I]t is possible to establish a set of State obligations to be observed by the tracing and identification mechanisms for persons disappeared as a result of violence. …
- To return to their relatives the bodies or human remains of disappeared persons that have been found dead and have been fully identified …
III. MARCO CONCEPTUAL
D. The tracing and identification mechanisms for disappeared persons
The tracing and identification mechanisms for disappeared persons are composed of the rules, structures, procedures and resources devoted … , when applicable, to returning the found bodies or human remains to the families of the victims. 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, pp. 2, 4, 24–25, 28 and 34.
[footnotes in original omitted]
The policy also states:
The disappearance of a family member, and thus the lack of knowledge of their fate and whereabouts, has psychological, economic, social and legal consequences that extend even to the communities and affect their ability to face the past and take part in a lasting peace and reconciliation process. These disappearances are usually associated with violations of human rights and international humanitarian law[.] 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, pp. 33–34.