A failure on the part of the state to provide an explanation as to a person's fate, in the absence of a body, may raise issues under Article 21, for example where there is sufficient evidence from which it could be concluded that a person died while in custody, or in an area within the exclusive control of state authorities2. In such circumstances the burden of proof may shift to the state since the events in issue may lie wholly, or in large part, within the exclusive knowledge of the authorities
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