A/HRC/18/25
framework. The EU is also reviewing the provisions on “sensitive data” and intends to
examine whether genetic data should be included in this category.
32.
The Government of Paraguay described a series of initiatives relating to the
exhumation and identification of disappeared persons and those killed extrajudicially in
Paraguay during the period 1954-1989. In particular, the work of the Office of the
Ombudsman’s General Directorate of Truth, Justice and Reparation (DGVJR) was detailed,
including that undertaken in conjunction with EAAF. DGVJR was mandated to, inter alia,
search for disappeared persons and victims of politically motivated extrajudicial killings
between 1954 and 1989, in partnership with other State institutions, and to establish a
genetic database for this task. In this regard, DGVJR entered into agreements with the
Ministry of Health and Welfare and the Ministry of the Interior, with the support of EAAF,
with the aim of obtaining the genetic profiles of the Paraguayan population so as to
facilitate identification of the remains of disappeared persons, and to support the search,
exhumation and identification of victims of enforced disappearances and extrajudicial
killings. Three full genetic profiles were obtained from human remains found in a common
grave in July and December 2009, setting an important precedent in Paraguay for the
identification of disappeared persons. Paraguay also described a number of cases of
enforced disappearance and torture brought to the attention of the Public Prosecutor, in
which forensic genetics have played a role in determining the identity of the victims.
33.
Furthermore, Paraguay provided information regarding DGVJR participation in the
Mercosur Permanent Commission of Memory, Truth and Justice. DGVJR is to incorporate
all resolutions adopted by the Permanent Commission. In one resolution, the Permanent
Commission called on States to use forensic genetics in conformity with international
standards to contribute to the identification of human remains of the victims of gross human
rights violations and those who were separated from their families. It has also called for the
creation, in the context of the Human Rights Council, of a new non-binding international
instrument on the right to the truth that will advance the systemization of the content and
scope of the right, as well as the development of good practices to ensure its effective
implementation.
34.
In Slovakia, the DNA Analysis Act of 2002 establishes the conditions for the use of
DNA analysis for the identification of persons and the competence required to perform such
analysis. Under this Act, DNA analysis may only be performed by the Ministry of Interior
or another legal or natural person authorized to perform expert activities. Furthermore, a
national DNA database, maintained and administered by the police, was established under
the Act. The database contains DNA profiles of samples taken in the context of criminal
proceedings and from biological parents, children and other relatives in connection with the
search for missing persons. Data from the database is destroyed once the case is
discontinued or the person is acquitted or the proceedings against a convicted person are
found inadmissible. With regard to tracing persons, Slovakia stated that any natural person
may apply to the police and the Slovak Red Cross for assistance. Any personal data
provided to the Red Cross is protected by legislation.
35.
The Government of Switzerland noted that it has only been required to practise
forensic medicine in the context of massive human rights violations on rare occasions, such
as the Katyn massacre. However, it regularly sends experts to participate in the Justice
Rapid Response, where forensic anthropological techniques are always used. Regarding
relevant bilateral activities, Switzerland explained that it consults institutions that follow
best practices, for example, EAAF, the Forensic Anthropology Foundation of Guatemala,
and ICMP, thereby promoting exchanges on best practices and assisting governments in the
adoption of norms and standards so that exhumations, particularly in cases involving
missing persons or the existence of mass graves, can be conducted according to established
standards. Regarding multilateral activities, Switzerland is cooperating with Argentina to
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