A/HRC/15/26
• Index
• Evidence recovered from crime scenes
• Convicted
• Human remains of disappeared persons
• Relatives of disappeared persons.
30.
The national database of genetic profiles for use in judicial investigations has all of
the safeguards required to guarantee the following: the information and records are
confidential; storage, access and use are restricted; the chain of custody of the samples is
controlled in accordance with the legislation currently in force; data are disaggregated,
meaning that unique codes are assigned to each processed sample and entered into the
database; the genetic information obtained from the samples is used only for identification
purposes; queries are answered only by the competent authorities; and sample collection is
carried out in full compliance with fundamental rights and due process as per the legislation
currently in force, with informed consent consistent with bioethics regulations governing
studies carried out on human beings.
B.
Framing the context and primary components of a text on forensic
genetics and human rights
31.
The past two decades have shown the clear limits of trying to identify the remains of
victims of human rights violations or missing persons from internal conflicts or wars, using
only background, medical and dental ante-mortem records. In this sense, forensic genetics
have a crucial role to play, drastically increasing the possibility of identifying many more
remains and thus providing solace to families of victims and evidence to ongoing and/or
future prosecutions.
32.
Advances in technology have allowed large-scale genetic projects aimed at
identifying victims of human rights violations to be conducted.
33.
Creating databanks of relatives of disappeared people is crucial to conducting largescale identification projects that can take place simultaneously or in the future. The more
complete the databank of relatives of victims, the greater the chance of identifying remains
that are found and are thought to correspond to a victim of a human rights violation or a
missing person from a conflict.
34.
Creating such databanks will also enable identifications in the future, as more grave
sites are discovered, whether or not information from all relatives is available. Having the
support of associations of relatives of disappeared and missing people is also crucial.
35.
Establishing a genetic databank also requires clear provisions about, for example, its
goals, restrictions in use, expectations, consent, confidentiality, and procedures to be used.
Consequently, the goals and limitations need to be very clear when creating a genetic
databank of relatives of disappeared and missing victims, and must be publicly stated from
the start. The goal of such databanks, for example according to EAAF, need to be strictly
limited to the identification of remains of victims of specific events, which should be
outlined from the start. Any further use - even scientific use of the genetic data or samples
not related to identification purposes - should not be permitted or should require the written
consent of the sample donors. Commercial use of genetic information should never be part
of the goals of such databanks.
36.
Databanks should also establish whether they will only collect samples or will also
process them and compare them with genetic information from victims’ remains. In other
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