Missing persons: Together we care

The PEN-MP (Police Expert Network on Missing Persons) is the European police network to which police experts from over 34 EU and non-EU countries are connected and where expertise of investigations on missing persons is shared. The Dutch Police will hold presidency for three years (2023, 2024 & 2025) of this expertise network.

Established

The Police Expert Network on Missing Persons was founded in Amsterdam, The Netherlands at the 25th of May 2016 at the international conference »Missing persons: Missing information«, organized by the Dutch Ministry of Security and Justice during Dutch Presidency of the Council of the European Union. The objective of the conference was to improve cross-border exchange of information to identify and find missing persons. Based on the conference findings, on the 18th of January 2017, the Netherlands announced the establishment of the European platform for the national police contact points on missing persons to DAPIX – Working party on Information Exchange and Data Protection, under no. 5305/17.

Colonel Jan Rybar from the Czech Police Presidium became the first president of the newly established Police Expert Network between 2017 and 2019. Damjan Miklič, Senior Criminal Inspector of the Slovenian Police took over the presidency between 2019 and 2022.

On the grounds of the Conclusion on the Police Expert Network on Missing Persons (PEN-MP), number 11835/19, adopted by the Council of the European Union on 10 September 2019, the PEN-MP network formally became the associated member of the Law Enforcement Working Party of the Council of the European Union.

Objectives

The central initiative of Slovenian presidency of the Law Enforcement Working Party (LEWP) during Slovenian Presidency of the Council of the European Union was the adoption of the Council Conclusions on Stepping Up Cross-Border Police Cooperation in the Area of Missing Persons. The unanimous adoption of the Conclusion at the last formal meeting of the EU Ministers of Home Affairs was a great recognition of the Slovenian police experts efforts. The road to the adoption of the Conclusion was long and demanding. Slovenian experts began with preparations approximately 8 months prior to the Presidency. Through the demanding six-month negotiation at LEWP meetings the content of the decision was agreed and then approved at the 9th of December 2021 at the last meeting of the EU Home Affairs ministers under the Slovenian presidency, held at the 9th of December 2021, as the Conclusion 14808/21

The Police Expert Network on Missing Persons was specifically mentioned as an expert network that supports and encourages the Council in its task of presenting developments in the network of police experts that enable the competent authorities to cooperate more quickly and effectively.

In addition, in its conclusions, the Council underlines the importance of following up the EU Strategy on the Rights of the Child and points to the Commission’s Communication on an EU Strategy against Trafficking in Human Beings , which states that particular attention should be paid to child victims and children at risk of trafficking and vulnerable children who could potentially be victims of sexual abuse and abduction.

Read complete Council Conclusions

Definition of a missing person

The definition was compiled on the grounds of police experts’ answers in the questionnaire. The definition cannot cover all of the potential situations and forms, which could describe and define a missing person and only contains the elements most commonly highlighted by the police experts in their national definitions of a missing person.

Most European police forces do not have a legal definition of a missing persons; however, every person is a missing person, who is in accordance with the national legislation defined as missing. It is a practice in almost all European police forces that, in addition to some general characteristics of missing persons, further individual characteristics are used to treat a person as missing and that police measures can be taken to trace this person – always must be person’s life is in danger or if this person’s life or health or freedom are endangered or if the person needs help.

The definition is not binding and has no legal consequences but serves as a basis or template for potential further discussions. It is also an initiative for the experts to start discussing and thus define the types of missing persons i.e., the categories of disappeared persons that can be considered as missing persons.

At its correspondence session, the Core Group of the Police Expert Network on Missing Persons (PEN-MP) adopted the definition of a missing person, which will be used for the needs of PEN-MP but is by no means limited to this obligation. The PEN-MP definition was drafted in accordance with the findings of a questionnaire on missing persons completed by 30 European countries.

The accepted definition is as follows: “A person is considered missing if one is not familiar with the reason for this person’s absence from the environment in which they normally live (family, social or work environment), and also when a person’s life may be in danger, when this person needs help or when it is necessary to protect this person’s health, life or freedom.”

A missing moment of a person also arises if the circumstances of the disappearance are not in line with the nature or the behaviour of the missing person or their past habits, customs, social contacts or professional activity or other personal circumstances.

The responsible police forces do not search for persons who have voluntarily or due to other circumstances lost contact with relatives or for persons who wish to be reunited after years of separation since they have lost contact. This PEN-MP official definition of a missing person is not binding and has no legal consequences.

Statute

In 2022, Slovenian police experts compiled a Statute of the PEN-MP Network, which defines relations, rights and obligations between the members and observers of the expert network.

The importance of the work made within the PEN-MP received the confirmation from the Justice and Home Affairs Council with the adoption of Council Conclusions on Stepping Up Cross-Border Police Cooperation in the Area of Missing Persons 14808/21 during the Slovene presidency of the Council of the EU on 9 December 2021. These Council Conclusions specifically mention the establishment, by PEN-MP, of “a statute, which will represent a clear and precise framework, in order to enable effective cooperation in compliance with the legal obligations (including data protection) between competent services and public entities that can help find missing persons quickly and efficiently. Law enforcement authorities should maintain the leading role and may request private stakeholders or NGOs to offer support”.

The Statute defines Police Expert Network on Missing Persons (PEN-MP) as a network of missing persons experts from law enforcement bodies, both from European Union Member States, non-Member states, with support of other stakeholders and goal-sharing organizations, striving to improve cooperation and to share good practices in the field of missing persons in general. Statute of the Police Expert Network on Missing Persons was approved, adopted and entered into force on 18 October 2022 in Ljubljana, at the international conference and the General Assembly of PEN-MP.

Read complete Statute

ISF National funding

The Dutch police have applied for the ISF National funding program to support the presidency in leading the network, to provide support to the working groups set up under the PEN-MP and to take the initiative in the preparation and implementation of new projects.

The submitted application has been granted and is for the period March 2024 to September 2026.

ISF will pursue three specific objectives:

  • to increase the exchange of information among and within the EU law enforcement, and other competent authorities and relevant EU bodies, as well as with non-EU countries, and international organisations
  • to intensify cross-border cooperation, including joint operations, among and within the EU law enforcement and other competent authorities, in relation to terrorism and serious and organised crime with a cross-border dimension
  • to support efforts to strengthen capabilities to combat and prevent crime, terrorism and radicalisation, as well as manage security-related incidents, risks and crises, in particular through increased cooperation between public authorities, civil society and private partners across the Member States