65. Every stage of evidence recovery, storage,
transportation and forensic analysis, from crime
scene to court and through to the end of the
judicial processes, should be effectively recorded
to ensure the integrity of the evidence. This is
often referred to as the “chain of evidence” or
“chain of custody”. Chain of custody is a legal,
evidentiary concept requiring that any prospective
item of evidence be conclusively documented in
order to be eligible for admission as evidence
in a legal proceeding. This includes the identity
and sequence of all persons who possessed that
item from the time of its acquisition by officials
to its presentation in court. Any gaps in that
chain of possession or custody can prevent the
introduction of the item as evidence against a
criminal defendant. Evidential material should
be transported in a manner that protects it
from manipulation, degradation and crosscontamination with other evidence. Each piece
of evidence recovered, including human remains,
should be uniquely referenced and marked to
ensure its identification from point of seizure to
analysis and storage. To meet chain of evidence
and integrity requirements, the transportation,
tracking and storage of this evidence should
include the investigator’s details.
66. Evidential material should be kept in an
appropriate storage facility at all stages of
the investigation. Storage facilities should be
clean, secure, suitable for maintaining items in
appropriate conditions, and protected against
unauthorized entry and cross-contamination.
Digital evidence should be collected, preserved
and analysed in accordance with international
best practice.91
3.
Family liaison
67. Wherever it is feasible, a specific and suitably
trained and experienced family liaison expert
should be appointed to offer the family of the
deceased information and support as well as to
collect the information, such as ante-mortem data,
required for identifying a deceased person.92
The expert should meet the family at the earliest
opportunity, should provide regular updates
about the investigation, its progress and results,
and should address any concerns the family may
have as the investigation progresses.93 A positive
relationship with the family of any missing or
deceased person can produce useful information
and results for any investigation.
4.
Understanding the victim
68. Lifestyle inquiries about the victim should be
conducted and a victim profile developed.
Appropriate sensitivity should be used with respect
to, for example, findings of marital infidelity or
other stigmatized sexual behaviour. The profile will
test the working hypotheses of the case and assist
in generating investigative opportunities where
other lines of inquiry have been exhausted. It may
also assist in identifying a motive for the crime.
Information may be gathered from the victim’s
associations, lifestyle, behaviour patterns and
electronic devices.
5.
Finding, interviewing and protecting witnesses
69. Individuals who might have information about a
potentially unlawful death should be sought and
interviewed. Publicizing the investigation may
encourage witnesses and others to come forward
in the knowledge that their information will be
dealt with confidentially and sensitively.
91
See, e.g., Association of Chief Police Officers, “Good Practice Guide for Digital Evidence”, UK, http://www.digital-detective.net/digital-forensics-documents/
ACPO_Good_Practice_Guide_for_Digital_Evidence_v5.pdf.
92
There will be circumstances when the authorities themselves are implicated in a suspicious death and liaison with the authorities to transmit and receive information about the investigation will not be acceptable to the family. Legal representatives for the family, or the involvement of non-governmental organizations, may
be possible ways to ensure that important information is available.
93
See also paras. 35–37 above.
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