A/HRC/18/25
15.
In conclusion, international and regional instruments and jurisprudence establish the
duty of States to investigate gross violations of human rights law and serious violations of
international humanitarian law. In addition to being inextricably associated with the
obligation to prosecute, the obligation to investigate is also linked to the right to the truth,
which includes the right to know about the circumstances of, and the reasons for, gross
human rights violations, the progress and results of the investigation carried out into the
violations, the identity of the perpetrators and, in cases of enforced disappearances, the fate
and whereabouts of the victims.31
III.
Practice of States pertaining to the use of forensic genetics in
the context of the obligation to investigate
16.
This section brings together information contained in the contributions of States in
response to a note verbale transmitted by OHCHR. It presents State law and practice
pertaining to the use of forensic genetics in investigations of gross violations of human
rights law and serious violations of international humanitarian law, including through the
creation of genetic databanks, as well as the role of this field of science in other contexts,
such as criminal justice systems. In addition to State contributions, it also includes related
information provided by the Argentine Forensic Anthropology Team (EAAF), the
International Committee of the Red Cross (ICRC) and the International Commission on
Missing Persons (ICMP), which have particular experience and expertise in the use of
forensic genetics to address gross violations of human rights law and serious violations of
international humanitarian law.
17.
The Government of Argentina provided a comprehensive account of the law
pertaining to the duty of States to investigate gross violations of human rights law and
serious violations of international humanitarian law, including in the context of the right to
the truth. In particular, it noted existing international standards and jurisprudence pertaining
to investigations and related legal proceedings, such as the requirement to carry out an
investigation, basic procedures to be followed in conducting the investigation, access to
information about victims’ remains, recording of information about the remains, and
custody and treatment of the remains.32 It further noted that the Inter-American Court has
ordered States to establish databases containing the personal information of missing
persons, including DNA and tissue samples, for the purpose of locating a disappeared
person, and has placed a duty on States to protect at all times the personal information
contained in these databases.33
18.
Argentina referred to two primary instances where the use of forensic genetics
contributes to the fulfilment of the obligation on the part of States to investigate violations,
namely identification of victims, in cases where the victims have been killed or have
disappeared, and restitution of the identity of victims. Argentina further indicated that as the
sponsor of the Human Rights Council resolutions on forensic genetics and human rights, it
31
32
33
8
prevention of torture, cruel, inhuman or degrading treatment or punishment in Africa” (The Robben
Island Guidelines) (2002), paras. 16 and 19.
E/CN.4/2006/91, paras. 42, 45, 56-57 and 59; Working Group on Enforced or Involuntary
Disappearances, General comment on the right to the truth in relation to enforced disappearances,
para. 1; also paras. 3-5.
In this regard, Argentina cited the United Nations Manual on the effective prevention and
investigation of extra-legal, arbitrary and summary executions (E/ST/CSDHA/.12) (1991), and case
of González et al. v. Mexico, supra note 28, paras. 295, 300-301, 305, 310, 315-316, 318, 331-332.
See for example, case of González et al. v. Mexico, paras. 511-512; also General Assembly resolution
61/155, paras. 5 and 6; 2010 OHCHR report, para. 63.
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