dvi and human rights - interpol dvi meeting 2013
TRANSCRIPT
DISASTER VICTIM IDENTIFICATION AND HUMAN RIGHTS AND HUMAN RIGHTS
EMILIO NUZZOLESE, DDS, MSc, PhDLA.GEN.O.F. - LABORATORY OF FORENSICGENETICS AND ODONTOLOGY, UNIVERSITY OF MAGNA GRAECIA, UNIVERSITY OF MAGNA GRAECIA, CATANZARO, ITALY
24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification
LYON, 28-30MAY 2013
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, 28-30MAY 2013
DISASTERS ARE FREQUENTLY INTERNATIONALDISASTERS ARE FREQUENTLY INTERNATIONALBY NATURE, AND WILL NO DOUBT INCREASEIN NUMBER AND SCALE GIVEN THEGROWTH IN THE WORLD'S POPULATIONAND THE EASE, FREEDOM AND AVAILABILITYOF INTERNATIONAL TRAVEL AND MIGRATION
24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification
LYON, 28-30MAY 2013
MIGRATORY FLOWS
MASS GRAVES EXHUMATION
MISSING/UNIDENTIFIED PERSONS
TERROSTISTIC ATTACK
ACCIDENTAL DISASTER
ROLE OF FORENSIC EXPERTS
DVI PROTOCOLS
REASONS FOR HUMAN IDENTIFICATIONIDENTIFICATION
24TH Meeting of the INTERPOL Standing Committee on Disaster Victim Identification
LYON, 28-30MAY 2013
HUMAN REMAINS
SKELETONIZED BODIES
BURNT BODIES BURNT BODIES
COMMINGLED BODIES
PRESERVED BODIES
HUMAN RIGHTS EMERGENCY
HUMAN RIGHTS EMERGENCY
Incomplete human identification proceduresinfringe upon a range of human rightsembodied in the Universal Declaration ofHuman Rights and set out in the InternationalCovenant on Civil and Political Rights (arts.2, 6 and 7) as well as regional instruments,including the European Convention on HumanRights.
HUMAN RIGHTS
An incomplete post mortem assessmentrepresents a violation of human rights andinternational 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 2009www.icrc.org/eng/resources/documents/publication/p1117.htm ]
One should make identification in multiplemodes for confirmation purposes, using allpossible methods.
In addition to comparing PM/AM records toIn addition to comparing PM/AM records toestablish identification, odontologists arealso able to provide conclusions aboutcertain aspects of a person's life or lifestyleby examining the teeth.
INTERPOL RECOMMENDATION
[INTERPOL – Disaster Victim Identification Guide]
A complete dental autopsy appears to beperformed only in limited number of cases.This may later require an exhumation inorder to complete the PM data recordingorder to complete the PM data recordingwith anthropological and dentalassessments.
Human remains should be processed onlyonce!
VIOLATION OF HUMAN RIGHTS?
[Nuzzolese E. Missing People, Migrants, Identification and Human Rights.JFOS Online 2012; 30:suppl 1:47-59]
The failure to employ odontologistsroutinely may lead to a delay in positiveidentification .
The autopsy of unidentified bodies shouldbe performed including ALWAYS acomplete dental autopsy.
JUDICIAL VS. HUMAN ID. AUTOPSY
[Nuzzolese E. Missing People, Migrants, Identification and Human Rights.JFOS Online 2012; 30:suppl 1:47-59]
FINAL REMARKFINAL REMARK
Post mortem assessment, evidence anddata collection of any unidentifiedhuman remains of unknown nationalityhuman remains of unknown nationalityshould follow DVI principles even if theydo not pertain to a mass disasterscenario.