IV. Conduct of an Investigation
IV.
Conduct of an Investigation
46. This Section of the Minnesota Protocol describes
the strategies and practical steps that should
be taken in an effective investigation of a
potentially unlawful death. These represent good
practice in any investigation notwithstanding
the specificities of local laws, practices and
procedures. The general guidance offered in this
Section is complemented by sections providing
detailed guidelines on, respectively, crime-scene
investigation, the conduct of interviews, the
excavation of graves, the conduct of an autopsy,
and the analysis of skeletal remains.
A. General Principles of Investigations
47. In any investigation, the preservation of life – the
lives of both the public and the investigative
team – is paramount. All activities should be risk
assessed, especially when being carried out in
areas affected by conflict. Members of the public
and the investigation team should not be unduly
placed in harm’s way.
48. The overarching strategy of any investigation
should be methodical and transparent, and all
legitimate lines of inquiry into potentially unlawful
death should be pursued. Depending on the
circumstances, both routine investigative steps and
highly specialized techniques may be required.
A hierarchy should be established that includes
accountability for all the decisions the investigation
team takes.
49. An investigation may gather many different types
of material, not all of which will be used as
evidence in a judicial proceeding. Nevertheless,
all materials and observations relevant to the
investigation should be secured, recorded
and logged. This includes all decisions taken,
information gathered, and witness statements. The
source, date and time of collection of all material
must also be logged.
B. The Investigation Process
50. When a report or allegation of a potentially
unlawful death is submitted or brought to the
attention of the authorities, an initial investigation
should be conducted to identify lines of inquiry
and further actions. This includes identifying all
sources of potential evidence and prioritizing the
collection and preservation of that evidence. All
relevant witness statements should be collected,
including but not limited to accounts of events
provided by law enforcement personnel. Once a
significant body of evidence has been collected
and analysed, preliminary conclusions should be
developed and compiled into a single report. The
report should detail the lines of inquiry pursued
and the outcome of these inquiries, and should
recommend further inquiries that may advance the
investigation.
12
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
51. A detailed analysis of information known
about the circumstances of the death and those
believed to be responsible should be provided
in a written report. The report should include
the following key information: the identity and
official status of the individual making the initial
report; the circumstances under which the report
was made; the identity(ies) of the victim(s) (if
known); the date(s), time(s) and location(s) of
the death(s); the location(s) of the victim(s); the
method(s) of causing the death(s); the individual(s)
or organization(s) believed to be responsible;
the underlying reason(s) for the death(s); and
other specific details. Areas in need of further
investigation should be identified. An overall
strategy for locating and gathering further material
to support the investigation, and potential judicial
proceedings, should be developed. A plan should
be made for evidence collection.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents