DVI Conference Presentation on Human Rights and Identification
DISASTER VICTIM IDENTIFICATION AND HUMAN RIGHTS Lack of (or incomplete) human identification procedures infringe upon a range of human rights embodied in the Universal Declaration of Human Rights and set out in the International Covenant on Civil and Political Rights (arts. 2, 6 and 7) as well as regional instruments, including the European Convention on Human Rights. Unidentified bodies may involve violations of various civil and cultural rights of the families waiting for news of their missing relatives during a disaster. To achieve and maximize effectiveness of the identification process, the implementation of an international database, not only for DNA and fingerprinting, but also for dental (odontogram and periapical x-ray images) data is needed. This suggests the importance of promoting international co-operation between organizations involved in human identification, and quality control among forensic experts and police agencies. It should be clear to all those involved in DVI process that an incomplete post mortem assessment - which may lead to a delayed identification - represents a violation of human rights and international humanitarian law because “once the fate of a missing person has been determined to be death, all available means must be undertaken to ensure recovery of the body and any personal effect”. Forensic science becomes also a tool for humanitarian action, to help ensure that unidentified bodies receive appropriate burial rites and psychological suffering of the next of kin is reduces by arriving without any delay to a positive identification applying Interpol DVI standards.
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DVI Conference Presentation on Human Rights and Identification
- 1. DISASTER VICTIM IDENTIFICATION AND HUMAN RIGHTSAND HUMAN RIGHTS EMILIO NUZZOLESE, DDS, MSc, PhD LA.GEN.O.F. - LABORATORY OF FORENSIC GENETICS AND ODONTOLOGY, UNIVERSITY OF MAGNA GRAECIA,UNIVERSITY OF MAGNA GRAECIA, CATANZARO, ITALY 24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification LYON, 28-30 MAY 2013
- 2. DISLAIMER OF OPINIONDISLAIMER OF OPINION BECAUSE OF THE SIGNIFICANCE OF THE MATTERS DISCUSSED, VIEWS AND OPINIONS EXPRESSED IN THIS COMMENTARY TALK ARE PURELY MY OWN 24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification LYON, 28-30 MAY 2013
- 3. DISASTERS ARE FREQUENTLY INTERNATIONALDISASTERS ARE FREQUENTLY INTERNATIONAL BY NATURE, AND WILL NO DOUBT INCREASE IN NUMBER AND SCALE GIVEN THE GROWTH IN THE WORLD'S POPULATION AND THE EASE, FREEDOM AND AVAILABILITY OF INTERNATIONAL TRAVEL AND MIGRATION 24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification LYON, 28-30 MAY 2013
- 9. ROLE OF FORENSIC EXPERTS DVI PROTOCOLS REASONS FOR HUMAN IDENTIFICATIONIDENTIFICATION 24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification LYON, 28-30 MAY 2013
- 11. HUMAN REMAINS SKELETONIZED BODIES BURNT BODIESBURNT BODIES COMMINGLED BODIES PRESERVED BODIES HUMAN RIGHTS EMERGENCY
- 13. Incomplete human identification procedures infringe upon a range of human rights embodied in the Universal Declaration of Human Rights and set out in the International Covenant on Civil and Political Rights (arts. 2, 6 and 7) as well as regional instruments, including the European Convention on Human Rights. HUMAN RIGHTS
- 14. An incomplete post mortem assessment represents a violation of human rights and international humanitarian law because once the fate of a missing person has beenonce the fate of a missing person has been determined to be death, all available means must be undertaken to ensure recovery of the body and any personal effect ETHICAL CONCERN [ICRC - Missing persons: a handbook for parliamentarians 2009 www.icrc.org/eng/resources/documents/publication/p1117.htm ]
- 15. One should make identification in multiple modes for confirmation purposes, using all possible methods. In addition to comparing PM/AM records toIn addition to comparing PM/AM records to establish identification, odontologists are also able to provide conclusions about certain aspects of a person's life or lifestyle by examining the teeth. INTERPOL RECOMMENDATION [INTERPOL – Disaster Victim Identification Guide]
- 16. A complete dental autopsy appears to be performed only in limited number of cases. This may later require an exhumation in order to complete the PM data recordingorder to complete the PM data recording with anthropological and dental assessments. Human remains should be processed only once! VIOLATION OF HUMAN RIGHTS? [Nuzzolese E. Missing People, Migrants, Identification and Human Rights. JFOS Online 2012; 30:suppl 1:47-59]
- 17. The failure to employ odontologists routinely may lead to a delay in positive identification . The autopsy of unidentified bodies should be performed including ALWAYS a complete dental autopsy. JUDICIAL VS. HUMAN ID. AUTOPSY [Nuzzolese E. Missing People, Migrants, Identification and Human Rights. JFOS Online 2012; 30:suppl 1:47-59]
- 18. FINAL REMARKFINAL REMARK Post mortem assessment, evidence and data collection of any unidentified human remains of unknown nationalityhuman remains of unknown nationality should follow DVI principles even if they do not pertain to a mass disaster scenario.