52. A set of operational and tactical processes,
deriving from the overall strategy, should be
designed. These processes should seek to
establish significant facts, preserve relevant
material and lead to the identification of all the
parties involved. Activities should be planned
and appropriate resources allocated in order to
manage the following:
nn The collection, analysis and management of
evidence, data and materials
nn The forensic examination of important physical
locations, including the death/crime scene
nn Family liaison
nn The development of a victim profile
nn Finding, interviewing and protecting witnesses
nn International technical assistance
nn Telecommunications and other digital evidence
nn Financial issues
nn The chronology of events.86
53. The investigation strategies should be reviewed
periodically or in light of new material (or new,
more robust methods). A record of the review
process should be kept, with all critical decisions
noted and the evidence to support each one
clearly referenced. Any change of direction in
investigative strategy should be justified and
recorded, with relevant material logged. The
review process should be open, recorded, and
disseminated to the investigation team members.
1.
Collecting and managing data and materials
54. Material should be collected in a systematic
manner. An effective information management
system is required to ensure that all material
gathered is recorded, analysed and stored
appropriately, taking into account security
concerns. This system does not need to be
complex or technologically advanced, but it
should be comprehensive, consistent and secure in
order to ensure that no material is lost, damaged,
degraded or overlooked; that provides an audit
trail that can demonstrate that evidence has not
been tampered with; and that it can be easily
found, referenced and cross-referenced.
55. The gathering, recording and retaining of material
– both inculpatory and exculpatory – requires
expertise to ensure that all relevant evidence
can be disclosed in any judicial process. The
relevance of material may only become apparent
as the investigation progresses. The investigation
team must not, however, withhold information that
could, for example, weaken the prosecution’s case
in any judicial proceedings.
2.
Important physical locations, including the death/
crime scene
56. In the investigation of a potentially unlawful
death there may or may not be a body in a
known location, which in turn may or may not
be the place where the death occurred.87 Every
important physical location in the investigation
should be located and identified, including the
site of encounters between the victim(s) and any
identified suspects, the location of any crimes,
and possible burial sites. Global positioning
system (GPS) coordinates should be taken and
recorded. The identity of the victim(s) will need to
be established if this is not known. The lifestyle,
routines and activities and the political, religious or
economic background of the victim(s) may indicate
possible reasons for the death. Missing person
reports, family witness statements, dental and
other reliable physical records (i.e. so-called antemortem data), as well as fingerprints and DNA
(deoxyribonucleic acid), can be used to assist in
identifying the deceased.
57. If DNA profiling is to be used for identifying
human remains, other means of identification
should be used in parallel. The sample used
to generate the profile and the profile itself are
powerful repositories of information that must be
safeguarded against misuse.88 In profiling DNA
to establish the probability of kinship as part of
identifying the deceased, mistaken beliefs about
kinship may be discovered. Dealing properly
with such incidental findings is an ethical issue of
great importance, and policies on this should be
established in advance.89
86
For more detail on these areas, see e.g. documentation by the UN Office on Drugs and Crime (http://www.unodc.org) and Interpol (http://www.interpol.int).
87
If investigators are unable to locate a body or remains they should continue to gather other direct and circumstantial evidence which may suffice for identifying
the perpetrator(s).
88
See, e.g., ICRC, Missing People, DNA Analysis and Identification of Human Remains: A Guide to Best Practice in Armed Conflicts and Other Situations of
Armed Violence, 2nd ed., 2009.
89
See, e.g., L.S. Parker, A.J. London, J.D. Aronson, “Incidental findings in the use of DNA to identify human remains: An ethical assessment”, Forensic Science
International: Genetics, Vol. 7 (2013), pp. 221–29.
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