A/HRC/15/26
B.
General considerations in the use of forensic experts in cases of gross
violations of human rights
13.
It is to be noted that the use of forensic experts in cases of gross violations of human
rights implies several prerequisites, which can contribute to guaranteeing the credibility of
such processes. In particular with regard to exhumation and identification processes, it is
proposed that only once a framework has been agreed upon by all those concerned, can
these processes begin. In this regard, it is suggested that the framework should include:
(a)
The establishment of protocols for exhumation, ante mortem data collection,
autopsies and identification based on scientifically valid and reliable methods and
technologies and/or customary, clinical or circumstantial evidence that are deemed
appropriate and which have been previously adopted by the scientific community;
(b)
Appropriate means of involving the communities and families concerned in
the exhumation, autopsy and identification procedures;
(c)
Procedures for handing over the human remains to the family.
14.
It should also be mentioned that in many parts of the world, the use of forensic
science in investigating human rights violations is still not standard practice. Although the
technological gap in the area of forensics has decreased over the last two decades in some
regions that have less technological capability, the credibility of official forensic institutions
continues to be a major issue. Upgrading equipment and providing training is crucial to
improving results and credibility.
15.
While there has also been some improvement in this area, it remains critically
important, but extremely difficult, to carry out independent forensic investigations or for
independent experts to accompany forensic officials investigating human rights violations.
Forensic investigations that are conducted solely by potentially unprofessional experts or
institutions, which may have conflicts of interest, often do not provide satisfaction to
families of victims and society as a whole, resulting in additional requests for further
investigation.
16.
Training and promoting local forensic experts is also an important issue. While the
major contribution made by the international forensic teams who assisted in the search for
those person who went missing or disappeared as a result of wars, internal conflicts and
repressive regimes has been recognized, it is also important that they do not limit their
intervention to forensic investigation and analysis, but also extend it to working with,
training, and promoting local teams of forensic experts. This issue is essential for a variety
of reasons:
(a)
In some countries, the forensic work of identifying victims of violations takes
a long time. International teams will usually spend only a limited amount of time during
each mission, and only for a few years, while a national team can dedicate itself full-time to
this work until the case is concluded;
(b)
In many countries, forensic sciences are less developed or almost nonexistent and in most cases the use of archaeological, anthropological and genetic techniques
is uncommon or absent. The use of physical evidence in court is, in general, limited and
testimony is usually provided orally. Therefore, by training or creating a national forensic
team or forensic professionals who can address this problem, there will usually be a general
improvement in criminal procedures and, as a result, in the implementation of the rule of
law;
(c)
National teams may serve the families of the victims and their communities
in more effective ways, as they speak the same language, are from the same or a similar
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