FOIA Advisor

Q&A: Dead or alive?

Q&A (2015-2023)Allan BlutsteinComment

Q. My question is with respect to the required "proof of death.” I filed a FOIA request to the FBI on an Iranian exile figure whose story I deem of public interest, as he also testified in Congress and is named frequently in published U.S. sources, foremost the State Department. The FBI repeatedly denied public interest. I was able to locate the graveyard of this person and even provided a picture of the gravestone. Now the FBI, even after appeal, claims that this is insufficient. Any advice?

A. I am inclined to agree that a photograph of a gravestone is insufficient proof of death; it is merely evidence that someone with the same name is deceased. Most requesters submit a newspaper story or obituary. If you cannot find those items, consider looking for the death certificate, a police report, or even paperwork from a funeral home. I assume you received the FBI’s list of recognized sources.

Q. I understand that a grave might not be enough. This one, however, has an unique aristocratic title, so there’s no doubt that this is the individual I was looking for. Any tips how to get a death certificate as a non-relative for someone who died in California?

A. If the tombstone includes a date of birth, and you have documentary evidence that links your individual with that date, that might do the trick. You should be able to obtain an “informational copy” of a death certificate from the California Department of Health. See details here.