A/HRC/18/25
had constituted a working group composed, among others, of geneticists, forensic
anthropologists and experts in bioethics, with the support and technical assistance of the
ICRC. The working group developed a draft manual for the application of forensic genetics
and the creation and management of genetic databases in the context of investigations of
violations of human rights and international humanitarian law. In this context, Argentina
organized a meeting with forensic genetics experts within the framework of the second
Latin American Congress on Human Genetics, held in Costa Rica in May 2011, at which
the opinions of the participants were sought on the relevance, usefulness and quality of the
draft manual.
19.
The Government of Bahrain stated that there had not been any cases of unidentified
dead reported during the recent incidents in Bahrain, and that all the bodies had been
identified and returned to the families. As such, no genetic analysis was required, although
Bahrain does have a facility to carry out genetic identification and analysis.
20.
The Government of Bosnia and Herzegovina noted that the Code of Criminal
Procedure provides the legal framework for conducting DNA analysis. The Clinical Centre
of the University of Sarajevo has been conducting forensic genetics analyses in respect of
serious crimes since mid-1999, primarily on behalf of the Office of the Prosecutor. In
addition, the Institute for Forensic Medicine at the University of Sarajevo uses DNA
analysis to identify victims of the conflict in Bosnia and Herzegovina in the 1990s. The
experience of the Institute indicates that the taking of DNA samples, their transportation to
the place of analysis, the reporting of results, and access to genetic databases must be
regulated. Furthermore, the Institute for Genetic Engineering and Biotechnology has been
trying to help the Government to establish a genetic database. This Institute expressed the
view that human rights must be taken into account when creating a genetic database,
primarily those rights relevant to the entering of DNA profiles into the database and the
preservation of biological traces. In this regard, it noted that there is a database for the
identification of the victims of the conflict in Bosnia and Herzegovina and that the data
stored therein should not be used in criminal forensic analysis. Finally, the Missing Persons
Institute of Bosnia and Herzegovina expressed support for the development of a manual for
the effective application of forensic genetics.
21.
The Government of Canada noted that there is no legislation in Canada enabling the
use of DNA analysis for the identification of missing persons. However, the Forensic
Science and Identification Services, a unit of the Royal Canadian Mounted Police (RCMP),
provides assistance in the identification of missing persons following conflicts and
disasters, which typically involves the use of DNA analysis and fingerprinting, as well as
other RCMP forensic science and investigative expertise. The RCMP was informed by the
Department of Justice that there are no legal impediments to it providing such assistance,
although legislation prevents the use of Canada’s National DNA Data Bank (NDDB) and
cross-referencing of its indices (Convicted Offender Index and Crime Scene Index) for
humanitarian or missing person identification purposes. The statutory use of DNA
information contained in the NDDB is for criminal investigation, and DNA profiles and
genetic information must be removed if it is discovered that they are from a victim. Canada
noted that it had one of the strongest provisions “in legislation and intent” for the protection
of security and personal information, particularly regarding the use of DNA information
and the principles and processes of its retention.
22.
With regard to the development of a manual on the application of forensic genetics,
Canada noted that several manuals regarding mass disaster victim identification already
existed, and that a new manual on the application of forensic genetics would essentially
contain the same information. However, it suggested that a clear legal definition of serious
human rights violations, such as enforced disappearances, and how this is integrated with
other United Nations programmes relating to the exploitation of persons and transborder
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