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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