Death Certificates for Missing in Tsunami Disaster
Exerpts of News Items on Presumption of Death in Tsunami Related Matters. Note: This news item is an amalgation of information obtained from various news sources.
It is reported in the BBC on 20 January 2005 that:
British nationals missing presumed dead after the Asian tsunami will have death certificates issued even if their bodies are not found. Foreign Office minister Douglas Alexander said because of "exceptional circumstances" the normal seven-year wait for a certificate could be waived. Mr Alexander said four tests would have to be passed before a death certificate could be issued. These are:
(a) Evidence exists beyond reasonable doubt that the person did travel to the affected region.
(b) That, on the balance of probability, they were in the region when the tsunami struck.
(c) There has been no reasonable evidence they are alive since 26 December.
(d) There is no evidence to suggest the person would want to disappear.
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It is reported in USA Today on 26 January 2005 that:
Indonesian law provides no guidance on when missing people should be declared dead, said Iskandar Sitorus, a lawyer with the Health Legal Aid Foundation. "I think the best way is the president has to issue a new decree," Sitorus said.
Under Sri Lankan law, family members of a missing person are required to wait for a year before starting the legal process to establish that the person is dead, said Hemantha Warunakalasuriya, a prominent lawyer with the Sri Lankan Legal Aid Foundation. The required evidence includes a birth certificate, proof of residence and at least two affidavits from neighbors certifying the missing person was known to them. "It is a long and complicated process," Warunakalasuriya said. But with 5,644 people listed as missing from the tsunami in Sri Lanka, the country's chief justice has asked the Bar Association to find a more streamlined process.
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It is reported in The Australian on 18 January 2005 that:
AUSTRALIA would consider following the lead of Britain and the US and allow people missing in the Indian Ocean tsunami to be declared dead after one year, Attorney-General Philip Ruddock said today. A Canberra-based federal disaster relief task force today began looking at the issue of the presumption of death. Mr Ruddock said he would write to his state and territory counterparts, who administer laws relating to the presumption of death, flagging the possible need for legislative change to insure a nationally consistent approach. NSW was the only state or territory that allowed for the interim administration of people's affairs before the seven-year deadline for the presumption of death. "That at least means assets can be managed. That seems to me to be something other states could usefully look at," the minister said.
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It is reported in the BBC on 20 January 2005 that:
British nationals missing presumed dead after the Asian tsunami will have death certificates issued even if their bodies are not found. Foreign Office minister Douglas Alexander said because of "exceptional circumstances" the normal seven-year wait for a certificate could be waived. Mr Alexander said four tests would have to be passed before a death certificate could be issued. These are:
(a) Evidence exists beyond reasonable doubt that the person did travel to the affected region.
(b) That, on the balance of probability, they were in the region when the tsunami struck.
(c) There has been no reasonable evidence they are alive since 26 December.
(d) There is no evidence to suggest the person would want to disappear.
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It is reported in USA Today on 26 January 2005 that:
Indonesian law provides no guidance on when missing people should be declared dead, said Iskandar Sitorus, a lawyer with the Health Legal Aid Foundation. "I think the best way is the president has to issue a new decree," Sitorus said.
Under Sri Lankan law, family members of a missing person are required to wait for a year before starting the legal process to establish that the person is dead, said Hemantha Warunakalasuriya, a prominent lawyer with the Sri Lankan Legal Aid Foundation. The required evidence includes a birth certificate, proof of residence and at least two affidavits from neighbors certifying the missing person was known to them. "It is a long and complicated process," Warunakalasuriya said. But with 5,644 people listed as missing from the tsunami in Sri Lanka, the country's chief justice has asked the Bar Association to find a more streamlined process.
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It is reported in The Australian on 18 January 2005 that:
AUSTRALIA would consider following the lead of Britain and the US and allow people missing in the Indian Ocean tsunami to be declared dead after one year, Attorney-General Philip Ruddock said today. A Canberra-based federal disaster relief task force today began looking at the issue of the presumption of death. Mr Ruddock said he would write to his state and territory counterparts, who administer laws relating to the presumption of death, flagging the possible need for legislative change to insure a nationally consistent approach. NSW was the only state or territory that allowed for the interim administration of people's affairs before the seven-year deadline for the presumption of death. "That at least means assets can be managed. That seems to me to be something other states could usefully look at," the minister said.
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