A/HRC/4/103
page 4
consolidation of existing guidelines and the harmonization of the procedures followed in forensic
investigation, as recommended by the Commission. The Manual contains in addition to its
forensic protocols a model protocol for the legal investigation of extralegal, arbitrary and
summary executions (Minnesota Protocol).
11.
OHCHR participated actively in the consultative process culminating in the international
conference entitled “The Missing - Action to resolve the problem of people unaccounted for as a
result of armed conflict or internal violence and to assist their families”, organized by the
International Committee of the Red Cross (ICRC) from 19 to 21 February 2003. The conference
brought together governmental and non-governmental experts and highlighted the need to
develop a standardized autopsy form based on the Minnesota Protocol and the Interpol Disaster
Victim Information autopsy form. It proposed combining the respective advantages of these
protocols. The conference also led to the publication of Operational Best Practices Regarding
the Management of Human Remains and Information on the Dead by Non-Specialists.2
IV. SPECIAL PROCEDURES AND FORENSIC SCIENCE
12.
Special procedures established by the Commission on Human Rights have continued to
rely on forensic specialists in the course of their work, particularly under the mandate of the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
The Special Rapporteur has stated that it is fundamental that he be assisted on fact-finding visits
by independent medical doctors with specialized knowledge and experience in documenting
torture, in accordance with the Istanbul Protocol (see E/CN.4/2006/6, para. 23). The findings
contained in the forensic reports of these experts assist the Special Rapporteur to draw his
conclusions on the practice of torture, and he has used such experts on missions, for example to
Mongolia, Nepal, Jordan and Paraguay.
13.
As part of his mandate, the Special Rapporteur on extrajudicial, summary or arbitrary
executions sends communications to Governments in cases where there are reasons to believe
that extrajudicial executions have taken place. He reminds Governments, inter alia, of their
obligations, reflected in the Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions, to conduct exhaustive and impartial
investigations into all suspected cases of extrajudicial, summary or arbitrary executions. Several
of his reports highlighted gaps in the investigative and forensic capacity at national level with
regard to cases of deaths in police custody or alleged extralegal executions. The Special
Rapporteur also observed that forensic experts and institutions often lack the necessary
independence to carry out investigations into such deaths.3
2
3
International Committee of the Red Cross, Geneva, 2004.
See, for example, the reports of the Special Rapporteur on extrajudicial, summary or arbitrary
executions on missions to Sri Lanka (E/CN.4/2006/53/Add.5), Nigeria (E/CN.4/2006/53/Add.4),
Brazil (E/CN.4/2004/7/Add.3) and Jamaica (E/CN.4/2004/7/Add.2).
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