3.
4.
2
The Protocol outlines States’ legal obligations
and common standards and guidelines relating
to the investigation of potentially unlawful death
(Section II). It sets out the duty of any individual
involved in an investigation to observe the highest
standards of professional ethics (Section III).
It provides guidance and describes good
practices applicable to those involved in the
investigative process, including police and other
investigators, medical and legal professionals
and members of fact-finding mechanisms and
procedures (Section IV). While the Protocol is
neither a comprehensive manual of all aspects of
investigations, nor a step-by-step handbook for
practitioners, it does contain detailed guidelines
on key aspects of the investigation (Section V).
A glossary is included (Section VI). Annexes
(Section VII) contain anatomical sketches and
forms for use during autopsies.
States should take all appropriate steps to
incorporate Protocol standards into their domestic
legal systems and to promote its use by relevant
departments and personnel, including, but not
limited to, prosecutors, defence lawyers, judges,
law enforcement, prison and military personnel,
and forensic and health professionals.
5.
The Protocol is also relevant to cases where
the United Nations, armed non-State groups
exercising State or quasi-State authority,5 or
business entities6 have a responsibility to respect
the right to life and to remedy any abuses they
cause or to which they contribute.7 The Protocol
can also guide the monitoring of investigations by
the UN, regional organizations and institutions,
civil society and victims’ families, and can aid
teaching and training on death investigations.
6.
States Parties to relevant treaties may have
specific obligations that go beyond the guidance
set out in the present Protocol. Although some
States may not yet be in a position to follow all
of the guidance set out within it, nothing in the
Protocol should be interpreted in such a way as to
relieve or excuse any State from full compliance
with its obligations under international human
rights law.
5
With respect to armed groups, see Report of the UN Fact-Finding Mission on the Gaza Conflict, UN doc. A/HRC/12/48, 25 September 2009,
para. 1836.
6
OHCHR, Guiding Principles on Business and Human Rights, UN doc. HR/PUB/11/04 (2011).
7
2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law (hereafter, UN Basic Principles and Guidelines on the Right to Remedy and Reparation).
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
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