A/HRC/45/13/Add.3
Human Rights Committee did not called for specific forensic commissions. Yet, the Human
Rights Committee considered establishing central databases and platforms documenting
reported disappearances, along with regular actions that assist family members in locating
the disappeared persons.254
123. The Inter-American Court stated in Gomes-Lund et al. (“Guerrilha do Araguaia”) v.
Brazil (paragraph 211): “It is essential that, in order to guarantee the right to information,
the public powers act in good faith and diligently carry out the necessary actions to assure
the effectiveness of this right, particularly when it deals with the right to the truth of what
occurred in cases of gross violations of human rights such as those of enforced
disappearances and the extrajudicial execution in this case. To argue in a judicial
proceeding, as was done in this case, the lack of evidence regarding the existence of certain
information, without at least noting what procedures were carried out to confirm the
nonexistence of said information, allows for the discretional and arbitrary actions of the
State to provide said information, thereby creating legal uncertainty regarding the exercise
of said right. (…) (paragraph 212) Based on the preceding considerations, the Court
concluded that the State violated the right to seek and receive information enshrined in
Article 13 of the American Convention.”
124. The “Forensic Commission to Identify Remains” established in Mexico in August
2013, created pursuant to an agreement among the Office of the Attorney General of
Mexico, civil society organisations representing relatives of missing persons from Mexico,
Honduras, Guatemala and El Salvador, and the Argentine Forensic Anthropology Team
(EAAF), is in charge of identifying the mortal remains found in three mass graves related to
massacres of migrants perpetrated in 2011 and returning the remains to families. This
allowed families of missing persons and victims of enforced disappearance to be involved
in investigations and to rely on independent professionals.255
125. In July 2005, the Guatemalan Office of the Prosecutor for Human Rights (PDH)
discovered around 80 million documents by the National Police concerning the period of
Guatemalan conflict. The PDH adopted steps to preserve the documentation and to enable
access and consultation by the public. On the basis of evidence contained in the archives, an
investigation regarding two members of the National Police responsible for the enforced
disappearance of a trade unionist and an university student in 1984 was carried out which
led to their identification, arrest, prosecution and sentencing to 40 years’ imprisonment.256
126. In the Western Balkans, the establishment of centralised DNA databases has greatly
enhanced the search and identification of missing persons and victims of enforced
disappearance in the region. Although the archives of the Ministry of Defence are kept
secret in Serbia, a positive example regarding obtaining access to military archives or to
documentation covered by State secrecy laws concerns the opening of the archives of the
Serbian Ministry of Interior in 2013.257
127. In Portugal, despite the absence of a specialised unit to investigate enforced
disappearances, such cases are investigated by the Judicial Police, which disposes of a
forensic lab and a unit for psychosocial support, both with specialized staff. The Judicial
Police can request the support of the National Institute for Legal Medicine and Forensic
Sciences with competencies in the area of forensics, anthropology and psychology.258
128. In Tajikistan, in relation to the exhumation of burial sites and identification of
remains, the Working Group regretted that Tajikistan has limited forensic capabilities, and
disposes only of one small facility for DNA analysis. The Working Group, therefore,
recommended the establishment of a DNA bank of affected families, with appropriate
guarantees on reprisals and confidentiality for families coming forward and with external
assistance if required. Moreover, training for forensic officials on international standards,
254
255
256
257
258
CCPR/C/79/Add.95 para. 10.
Inter-American Commission on Human Rights, Preliminary observations on the IACHR visit to
Mexico, 2 October 2015, available at http://bit.ly/1Ssgiiv.
See A/HRC/16/48/Add.2.
A/HRC/30/38/Add.1, para. 37.
Portugal, Submission to WGEID, March 2019, p. 5.
43
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