A/HRC/18/25
and expert forensic analysis in accordance with international standards. In 2010, INACIF
entered into an agreement with the Peace Secretariat and PNR to identify the victims of
forced disappearances. It has created a genetic databank and has exclusive use of the
information contained in the databank. These initiatives respond to the order of the InterAmerican Court in the Molina-Theissen v. Guatemala case, in which the State was ordered
to find and deliver to the next of kin the mortal remains of the victim, and to adopt
legislative, administrative and other measures as may be necessary to establish a genetic
information system.
27.
Guatemala further detailed initiatives undertaken by government entities, including
with civil society, regarding investigations of violations of human rights, the use of forensic
analysis, as well as the work of the World Congress on Psychosocial Work in Exhumation
Processes, Forced Disappearance, Justice and Truth, held in Bogota in 2010. The current
situation of exhumation processes worldwide was analysed at the congress and a document
was produced that includes best practices for forensic genetics concerning, inter alia,
conservation and security of remains, timely identification of victims, compliance with
international protocols and recommendations, custodial chains and protection of evidence,
and international cooperation.
28.
The Government of Japan noted that, in accordance with its international human
rights commitments, it has used forensic genetics to identify victims of human rights
violations, in particular in the context of the abduction issue between Japan and the
Democratic People’s Republic of Korea. Japan expressed the view that Japanese nationals
abducted by the Democratic People’s Republic of Korea were victims of enforced
disappearance and human rights violations, and the use of forensic genetics has played an
important role in identifying them. Furthermore, forensic genetics can support and enhance
efforts by all relevant stakeholders to identify similar victims, thereby further enabling them
to execute their international human rights and humanitarian law obligations in this regard.
Japan described the cases of three abductees in which it used forensic analysis to determine
the identity of remains provided by the Democratic People’s Republic of Korea. In two of
the cases, it found that the remains also contained DNA belonging to another person, while
in the third case, the analysis positively identified the victim of the abduction.
29.
The Government of the Republic of Madagascar noted that the Ministry of Public
Health does not have the means to perform forensic DNA analysis. In the rare cases that
such expertise has been required, it has been carried out externally.
30.
The Government of Norway explained that regarding the use of genetics and crossborder investigations, the National Authority for Prosecution of Organized and Other
Serious Crime has overall responsibility for handling organized, high-tech and international
crime cases. The Prosecution Instructions Act 1995 governs the national DNA register,
including when and how information in it can be used and how long the genetic material
can be stored. This register is located at the National Bureau of Crime Investigation and
comprises the Identity Register (DNA profiles from persons convicted of certain crimes),
the Investigation Register (DNA profiles from persons who are suspected, with just cause,
of any act punishable by custodial sentence), and the Tracing Register (DNA profiles from
unknown persons where there is reason to believe that the person was involved in a crime).
31.
Norway also noted that it is bound by the European Union (EU) Data Protection
Directive of 1995, the rules of which have been incorporated in the Norwegian Personal
Data Act of 2000. Currently, the definition of “personal data” in the Directive does not
include DNA material, nor is the processing of personal data in the areas of police and
judicial cooperation covered by the Directive. However, in November 2010, the EU
published a strategy aimed at strengthening its data protection rules, which includes
revising the rules in these areas to ensure that personal data is protected. Under the revision,
data retained for law enforcement purposes should be covered by a new legislative
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