A/HRC/45/13/Add.3
evidence. It can also facilitate the identification of responsibilities in terms of the chain of
command in organized power structures.78
72.
Moreover, centralizing the information in specialized investigation units has the
potential to drive more efficient searches and to enable better coordination with other
agencies, particularly those in charge of searching for disappeared persons.79
73.
At the same time, public accountability mechanisms and related procedures should
be established, with the participation of victims and their relatives, as well as national
human rights institutions and civil society organizations, as a safeguard against the potential
risks resulting from the centralization of the investigation in a single unit.80
G.
Independence and technical expertise of forensic investigations
74.
The absence of forensic agencies with high professional expertise and independence
standards can also act as an obstacle to the advancement of effective investigations in some
countries.81 The autonomy of a forensic team is of the utmost importance in carrying out the
investigation without fearing that it might pose a risk of retaliation.82
75.
In many countries, successful initiatives have been developed by civil society and
academia, which have facilitated not only the identification of hundreds of disappeared
persons,83 but have also proven critical in terms of understanding how State structures have
perpetrated enforced disappearance in a systematic manner. Furthermore, forensic teams
have often been able to create relationships with the families of the disappeared, who in
many cases had been mistreated by public officials who initially denied that disappearances
had taken place. 84 The Working Group was also able to document positive State
experiences in this sense during their country visits85 and has recognized the critical role
that international organizations such as the International Committee of the Red Cross and
the International Commission on Missing Persons can play.86
76.
Some positive results have been achieved through the use of new forensic
techniques in investigations of enforced disappearances. Besides the broadly developed
techniques of identification through DNA samples, scientific progress in the cross-matching
of data of telephone calls, geolocation of mobile phones, the use of satellite imagery and
optical detectors have also been very useful.87
H.
Policies for the conservation and disclosure of archives
77.
In cases where the State directly participated in enforced disappearances, there may
be bureaucratic traces that in many instances can prove useful in the search for the truth.
The investigation of military, national security, intelligence and police agency archives can
be particularly relevant. In addition, even the administrative records of such agencies,
78
79
80
81
82
83
84
85
86
87
Verónica Hinestroza, Human Rights Institute of the International Bar Association, contribution to the
expert consultation of the Working Group on Enforced or Involuntary Disappearance at its 116th
session. Available at www.ohchr.org. See also Mariano Gaitan, “Prosecutorial discretion in the
investigation and prosecution of massive human rights violations: lessons from the Argentine
experience”, American University International Law Review, vol. 32, No. 2 (2015), p. 548.
CED/C/MEX/CO/1, para. 29.
See contribution by the Asociación Abuelas de Plaza de Mayo, 24 January 2019, p. 8. Available at
www.ohchr.org.
Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), para. 31.
A/69/387, para. 37.
Examples include the Argentine Forensic Anthropology Team (EAAF), the Peruvian Forensic
Anthropology Team (EPAF) and the Guatemalan Forensic Anthropology Foundation (FAFG).
EAAF, recommendation No. 1. Available at https://eaaf.typepad.com/recommendations/.
A/HRC/22/45/Add.1, para. 18.
A/HRC/16/48/Add.1, paras. 28–29.
For example, a study of fire to rule out the hypothesis of cremation of the bodies in a dumpster in the
city of Cocula was especially important for the investigation of the disappearance of 43 students of
the School of Ayotzinapa in Mexico (GIEI, Informe Ayotzinapa II: Avances y Nuevas Conclusiones
Sobre la Investigación, Búsqueda y Atención a las Víctimas, p. 278 (in Spanish)).
15
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