A missing person is any individual whose fate and/or whereabouts - whether alive or dead - is not reliably known, regardless of the reason for their disappearance, be it due to deprivation of liberty, conflict, migration, or any other reason, making it impossible to contact them or ascertain their fate. According to the IIMP's Terms of Reference (ToRs), a missing person is: "any person whose fate and/or whereabouts are not clearly known, irrespective of the reasons and causes for them going missing, whether they relate to acts of other persons or not, and whether there is a link or not to the armed conflict [in Syria]". 

The Syrian Personal Status Law, No. 59 of 1953, in Article 202, defines a missing person as "a person unknown to be alive or dead, or known to be alive but in an unknown location". The Law adds that: "The absent person who, due to unforeseen circumstances, cannot return to their domicile or manage their affairs himself or by proxy, for more than one year, and therefore their or others' businesses are disrupted, shall be considered a de facto missing person." 

Syrian Legislative Decree No. 15 of 2019, concerning military personnel, defines a missing person as "a member of the military whose fate is unknown, or whose life is confirmed but whose whereabouts are unknown, due to war, military operations, similar situations, at the hands of a terrorist group or hostile elements, or due to regular service".  

Addressing the issue of missing persons is an integral part of transitional justice in countries that have experienced conflict or dictatorship. It contributes to achieving justice for victims, including establishing the truth, holding potential perpetrators accountable, providing reparations, and preventing the recurrence of violations, thereby fostering sustainable peace. Therefore, the issue of missing persons concerns the whole society, and the state with all its institutions. The family members of a missing person (such as the partner, children, and parents) are considered victims and key concerned parties, as they bear psychological, social, economic, and legal burdens resulting from the disappearance of their loved ones. In this context, article 24 of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) provides that "for the purposes of this Convention, "victim" means the disappeared person and any individual who has suffered harm as the direct result of an enforced disappearance". This is line with the IIMP's ToRs (paragraph 9): the term "victim" shall be understood to encompass tin he missing person and any individual who has suffered harm, whether directly or indirectly, as a result of the person going missing. 

Paragraph 10 of these ToRs adds that the expression "family", or derivatives such as one or more family members, is interpreted in a broad sense in accordance with the mandate and purpose of the Independent Institution, bearing in mind that this term is relevant both for the registration of cases of missing persons in relation to the search and for the scope of support provided by the Independent Institution. As a consequence, relatives should be interpreted to include, at a minimum, all children, whether born in or out of wedlock, adopted children and stepchildren, de facto partners, whether by marriage or not, parents, including mother-in-law, father-in-law or any adoptive parents, siblings born of the same parents, different parents or adopted, or, where applicable, other members of the extended family or community, as provided for by local law, custom or settled practice. 

The broader circle of stakeholders affected by the disappearance may also include others with an emotional, legal, or material connection to the missing person. 

In addition to the International Convention for the Protection of All Persons from Enforced Disappearance, other international instruments have enshrined a range of rights for the families of missing persons, including to clarify the fate and whereabouts of their loved ones. In certain cases - particularly those involving enforced disappearance - these rights may also include reparation through material and moral compensation, the accountability of those responsible for the disappearance, as well as guarantees of non-repetition of such violations. These rights are at the heart/core of the transitional justice process, which primarily aims to provide redress for victims. Therefore, a national legal and legislative framework is necessary to effectively address the issue of missing persons. 

In this context, Article 49 of the 2025 Syrian Constitutional Declaration stipulates that "A transitional justice commission shall be established, adopting effective, consultative, victim-centered mechanisms to determine accountability mechanisms, the right to know the truth, and justice for victims and survivors, in addition to honoring martyrs". In addition to the establishment of the National Commission for Transitional Justice (NCTJ) in Syria via Presidential Decree No. 20 of 2025, the National Commission for Missing Persons (NCMP) has also been established via Presidential Decree No. 19, issued on 17th May 2025. This decree mandates the NCMP to "investigate and determine the fate of the missing and forcibly disappeared, to document cases, establish a national database, and provide legal and humanitarian support to their families." The adoption of a specific law on missing persons, grounded in victims' rights and ensuring effective handling of this humanitarian issue, is also foreseen. Finally, it should be noted that Legislative Decree No. 15, mentioned above, guaranteed certain rights for the families of military personnel who went missing during service, particularly in its second article, which amended some previous laws concerning the pensions of military and internal security forces to allow for the provision of pensions to the families of this category. 

The disappearance of a person may necessitate the administration or disposal of their property and handling their interests and the interests of others connected to them. In this context, the family, unable or unwilling to declare the death of the missing person, may request the Sharia judge to appoint a legal representative of the missing person. In this case, Article 204 of the General Personal Status Law applies, which stipulates: "If a missing person has left a general attorney-in-fact, the court shall appoint this attorney-in-fact if he meets the terms required for a trustee, otherwise it shall appoint a judicial attorney". The Sharia judge then appoints a judicial guardian (agent) on behalf of the missing person - usually a family member or another individual such as the director of the Orphans' Department - after the family submits a formal request that typically includes a set of documents.  

These documents include a family registry extract, a police report indicating the date of disappearance (see question 6), a civil registry certification for the missing person to prove their registration as alive, a travel/movement statement from the Immigration and Passports Department confirming that the missing person is not outside the country, a ccertificate of no criminal record issued by the judicial/criminal records registry, a proof of residence a certificate of good conduct and reputation for the person to be appointed as the missing person's representative from the Notable/Mukhtar of the area where he/she resides, and any other documents to verify the fact of the disappearance and its continuation. If more than one family member applies to act on behalf of the missing person, the Sharia judge shall examine the submitted applications and appoint one of them, after verifying that he/she meets the required conditions, in a manner that serves the best interests of the missing person and their family. 

It is worth noting that families encountered challenges in this regard before the fall of the Syrian regime, especially after the Syrian Ministry of Justice issued Circular No. 30 in 2021, which stipulated that people must obtain security clearance before submitting applications to obtain judicial powers of attorney related to the financial matters of the absent or missing persons. However, this condition no longer applies today. 

A missing person is not considered deceased under the law except under specific conditions. Article 205 of the General Syrian Personal Status Law stipulates that the state of disappearance ends with the return of the missing person, the confirmation of his death, or a ruling declaring him dead upon reaching the age of eighty. This law adds in paragraph 2 of Article 205 that "In cases of military operations or other similar situations stated in the effective military laws, where death is very probable, a missing person shall be considered dead after four years from the date of becoming missing". This article applies to any missing person, whether civilian or military. After the expiration of this four-year period, or upon the missing person reaching the age of eighty, a lawsuit to declare a missing person deceased may be filed before the Sharia court. The defendant in this case is the missing person's legal representative, and the plaintiff is any interested party. Therefore, the responsibility for filing such a lawsuit before the Sharia judge, who has jurisdiction over the case regardless of the parties' religion (Muslim or non-Muslim), falls on the plaintiff, whether they are relatives of the missing person or have an interest (such as potential heirs or business partners whose interests have been harmed by the disappearance). The Sharia court issues its ruling declaring the missing person deceased after he/she reaches the age of eighty or after the disappearance has been proven to have lasted for more than four years, after hearing witnesses in the case and reviewing supporting documents, including the police report concerning the disappearance mentioned above (Question No. 6). 

The Ministry of Justice Circular No. 22, issued on 10 August 2022 and pertaining to Sharia court cases involving the registration of death, indicated that a set of evidentiary elements and supporting information must be available before issuing a death ruling - some of which also apply to cases of missing persons. The circular specified, among the documents that must be submitted, a movement record issued by the Directorate of Immigration and Passports showing the movements of the person whose death is to be registered, a police report addressing the circumstances of the death, and a certificate issued by the mukhtar of the person's place of residence confirming the accuracy of the reported death. The circular further required the involvement of the Public Prosecution as a party to such cases, as well as communication with the Criminal Security Branch, which in turn contacts other security branches to verify whether they possess any information regarding the person concerned or to obtain the necessary security clearance. The procedures and requirements for petitions to declare a missing person deceased vary depending on the Sharia judge presiding over the case; some judges tend to simplify these proceedings and reduce the number of required documents, while others adopt a more stringent approach and request additional evidence. In all cases, any interested party may challenge the Sharia court decision declaring a missing person deceased before the Court of Cassation.  

The conditions, time limits, and procedures for such an appeal are governed by the Syrian Code of Civil Procedure No. 84 of 1953. 

It is worth noting that the aforementioned Legislative Decree No. 15 of 2019, concerning military personnel, has also confirmed the four-year period after which a missing person can be considered deceased. Paragraph C of this decree stipulates that "a missing person whose disappearance was confirmed on or after March 15, 2011, due to war, military operations, or at the hands of a terrorist group or hostile elements, shall be considered a martyr after four years from the date of disappearance and the issuance of a death certificate." Paragraph F of Article 1 of this decree stipulates that the executive instructions regarding the designation of a missing person as a martyr shall be issued by a decision of the Minister. 

Within the efforts to address what was previously mentioned regarding the property of missing persons and the consequences of disappearance, Article 48 of the 2025 Constitutional Declaration stipulates: "Cancel all exceptional laws that have harmed the Syrian people and are inconsistent with human rights. Cancel the effects of the unjust rulings issued by the Anti-Terrorism Court that were used to suppress the Syrian people, including the return of confiscated property. Cancel the exceptional security measures related to civil and real estate documents, which the former regime used to suppress the Syrian people". These constitutional provisions may pave the way for addressing some properties' issues including the return of arbitrarily seized properties to their owners. It is also expected that the NCTJ, the NCMP, and the anticipated laws regulating their work to take measures in this field. 

In all cases, those affected can contact the relevant government authorities and pursue the recovery of their rights through state institutions in the relevant area to claim the restitution or formal recognition of their property rights. In this context, the Supreme Judicial Council issued Decision No. 2064 on 20 October 2025, with the aim of establishing the mechanisms and procedures for examining claims related to the recovery of unlawfully seized properties during the past period, and for holding violators accountable. The competent judicial authorities to hear such claims vary. A criminal case may be filed before the Public Prosecution or the Criminal Magistrate with the purpose of prosecuting the usurper and recovering the property. Alternatively, an urgent civil claim may be brought before the Judge of Summary Matters to promptly evacuate the property, or a claim for recovery of possession may be filed before the Civil Magistrate's Court, without addressing the underlying ownership rights (for more information, please click here). 

It is worth noting that the Ministry of Justice recently issued several relevant decisions, including the designation of specific courts to adjudicate certain property rights. Among these is Decision No. 2049 of 2025, which authorizes the counsellor of the Second Civil Court of Appeals to review complaints related to the seizure of real estate in Aleppo city and its countryside from the beginning of 2011 until the end of 2024. 

Property rights should occupy a central place within transitional justice measures and mechanisms. The state should work to simplify procedures for proving ownership for individuals who have lost their property or documentation, or who were unable to formally register their contracts, while also ensuring the recognition of their property rights or enabling them to recover their property. 

In this regard, Pinheiro Principles, issued by the United Nations on housing and property restitution in the context of the return of refugees and internally displaced persons, constitute an important guiding framework, outlining best practices that states should follow, including the adoption of effective procedures and mechanisms to ensure the proper implementation of these measures. 

A marital relationship continues throughout the period of disappearance of one spouse and only ends upon proof of the missing person's death or separation due to irreconcilable differences or absence. The marital bond can be terminated, or a separation or divorce can be requested under certain conditions (such as the lapse of a specific period since disappearance). However, these conditions, including this period, vary according to religious personal status laws and the religious courts (Sharia, denominational/sectarian, or spiritual) that adjudicate matters of marriage, divorce, and their consequences based on the religion of the individuals involved. 

Regarding child custody, according to Syrian personal status laws for Muslims and non-Muslims, custody is usually granted to the mother until the children reach a certain age, unless there is a legal reason that terminates her custody, such as changing her religion or remarrying. Guardianship over minors (such as choosing their residence, place of living, upbringing, and managing their finances) usually belongs to the father. In his absence, it passes according to a specific order to the male members of the father's family (such as the paternal grandfather, then the paternal uncle, etc.), as stipulated in Article 172 of the Syrian General Personal Status Law and the Ministry of Justice Circular No. 17 issued on November 10, 2025, as well as other personal status laws for non-Muslims. Consequently, the wives of missing persons face a range of legal and procedural difficulties related to matters of guardianship over their children. They often need the consent of the male legal guardian from the family of the missing, absent, or deceased father, or they may have to consult a Sharia judge to obtain certain guardianship-related decisions. It should be noted that any interested party (specifically the mother) may request the judge to replace the guardian if the latter abuses or misuses his powers or duties. 

If a missing person reappears after having been legally declared or registered as deceased, their full legal personality is restored, and they have the right to reclaim their rights and property. A judicial declaration of death in cases of missing persons is considered a presumptive (or declaratory) death ruling; therefore, if the missing person returns alive, the judgment is automatically nullified. This was confirmed by a ruling of the Syrian Court of Cassation (Personal Status Chamber, Decision No. 155, Case No. 142, dated 25 March 1982). The Court further held that a missing person who returns alive is entitled to recover the existing assets of their estate still held by the heirs. 

Although Syrian law does not contain a comprehensive explicit provision regulating all consequences arising from the return of a missing person after a declaration of death, reference is made primarily to the Hanafi school of jurisprudence, which applies where there is no specific legal text governing a particular situation. This is based on Article 305 of the Syrian Personal Status Law, which states: "In matters not expressly provided for in this law, reference shall be made to the most authoritative opinion in the Hanafi school". Reference is also made to Article 34 of the Syrian Civil Code, which provides that: "The provisions concerning missing and absent persons shall be governed by special laws, and in the absence thereof, by the rules of Islamic Sharia." 

Accordingly, the returned missing person is entitled to recover whatever property or assets remain in the possession of the heirs. As for assets that were disposed of or consumed, the general provisions of the Syrian Civil Code relating to unjust enrichment and restitution of undue payment apply, particularly Articles 180 to 186 of the Civil Code. Under these provisions, if the heirs acted in good faith when disposing of or consuming the assets, they are liable only to the extent of the actual benefit they obtained (Article 186), and they may be required to compensate the returned person for any resulting loss. However, if bad faith is established - for example, if the heirs secured a declaration of death despite knowing that the person was alive - they may also be required to return any profits or interest derived from those assets (Article 186), in addition to potential criminal liability. Claims relating to recovery of assets are also subject to limitation periods under Article 181 of the Civil Code, which states that claims for compensation arising from unjust enrichment lapse three years from the date the injured party becomes aware of their right to compensation, and in all cases after fifteen years from the date the right arose. 

Regarding marriage, if the spouse of the missing person had not remarried after the declaration of death, the marital relationship is automatically restored upon the missing person's return alive. However, if the spouse remarried after the judicial declaration and the second marriage was consummated, the second marriage remains valid, and the spouse does not return to the first husband. This is in line with established Syrian case law based on the prevailing opinion in the Hanafi school (Court of Cassation, Personal Status Chamber, Decision No. 288, dated 14 June 1965). 

To address the challenges mentioned above, and to simplify and clarify procedures for the families of the missing and those concerned with legal and humanitarian matters, certain entities - particularly Syrian civil society organizations, as well as international and non-governmental organizations - provide free and diverse support to families of the missing. This support includes legal consultations and interventions, in addition to psychological and social assistance, as well as documenting cases of disappearance and preserving data. 

In some cases, it is also possible to apply to the Syrian Bar Association to obtain free legal assistance, request exemption from court fees, and benefit from legal aid in accordance with the provisions of the Syrian Code of Civil Procedure, which grants such assistance to individuals who lack sufficient financial means. In this context, it is worth noting Decision No. 1420 of the Syrian Bar Association, issued on 4 May 2026, concerning the establishment of a committee to follow up on and provide legal representation to the families of victims and affected persons through a free-of-charge official power of attorney. It is also anticipated that both the NCMP and the Transitional Justice Commission, referred to above, will - under their forthcoming governing laws - play a role in supporting victims' families and survivors through comprehensive programs within the framework of reparations. 

It is recommended in all cases that families avoid engaging with untrustworthy entities and verify the nature of their work and programs. They are also advised not to pay any sum of money in exchange for promises to reveal the fate of missing persons, and to ensure they request clear information on how their personal data will be used. It is preferable to engage with organizations and entities that adopt a victim-centered approach which is placing the interests and priorities of victims at the core of their work, and that adhere to privacy protection policies, refraining from publishing or sharing information without the consent of its owners, while also respecting other professional standards, including transparency, impartiality, and the principles of non-harm and non-discrimination.