by Luis Fondebrideredited by Liam Mahony

Uncovering EvidenceThe forensic sciences in human rights

A Tactical Notebook published bythe New Tactics Project

of the Center for Victims o f Torture

Published byThe Center for Victims o f TortureNew Tactics in Human Rights Project717 East River RoadMinneapolis, MN 55455 USAw w w.cvt.org, w w w.newtactics.org

Notebook Series EditorLiam Mahony

CopyeditingStacy Sorenson

DesignSue EversonCoordinadora Nacional de Derechos Humanos and the Center for Vict ims o f Torture wish to ackno wledgethe follo wing inst itu tions that provided support for the Ne w Tact ics in Human Rights Latin A mericanregional training w orkshop , o f w hich this and other tact ical notebooks are a product:

· The Paul & Phyllis Fireman Charitable Foundation

· The United Sta tes Department o f Sta te

· The United Sta tes Inst itu te o f Peace

· Freedom House

· Donors w ho wish to remain anonymous

W e are also greatly indebted to the w ork o f numerous in terns and volunteers w ho have contributed theirt ime and expertise to the advancement o f the project and o f human rights.

The Ne w Tact ics project has also benefited from more than 2000 hours o f w ork from individual volunteersand in terns as w ell as donations o f in-kind support . Some of the inst itu tional sponsors o f this w ork includeM acalester College , the Universi ty o f Minnesota , the Higher Education Consortium for Urban A f fairs, theMinnesota Just ice Foundation and the public rela tions f irm of Padilla Speer Beardsley.

The opinions, f indings and conclusions or recommendations expressed on this si te are those o f the Ne wTact ics project and do not necessarily re f lect the vie ws o f our funders For a full list o f project sponsors seew w w.newtact ics.org .

The views expressed in this report do not necessarily reflect those of the New Tactics in Human RightsProject . The project does not advocate specif ic tactics or policies.

© 2004 Center for Victims of TortureThis publication may be freely reproduced in print and in electronic form as longas this copyright notice appears on all copies.

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The Center for Victims o f TortureNew Tactics in Human Rights Project

717 East River RoadMinneapolis, MN 55455 USA

w w w.cvt.org, w w w.newtactics.org

Author biography

Letter from the New Tactics project manager

Introduction

El Salvador: The El Mozote Massacre

9General considerations

12How the work is planned

12How can NGOs apply the forensic sciences?

15Challenges for the NGO

16Recommendations for of ficial tribunalsor truth commissions

16Creating local teams and traininglocal forensic experts

17Conclusion

18Useful resources

19Questionnaire for burial sites

Luis FondebriderLuis Fondebrider is a forensic anthropologist, found-ing member and current president of the ArgentineForensic Anthropology Team. Since 1984, EAAF hasbeen carrying out the scientific documentation ofhuman rights violations. As an EAAF member,Fondebrider has worked in around 25 countries, in-vestigating specific cases and training local NGOsand professionals. He has participated in UN mis-sions in several countries and has worked for numer-ous local judiciaries, for truth commissions in ElSalvador, Haiti and South Africa and for interna-tional tribunals such as the International CriminalTribunal for the Former Yugoslavia.

Contact InformationEAAFEquipo Argentino de Antropologia ForenseAv. Rivadavia 2443 Segundo Piso,Oficinas 3 y 4(C1034ACD) Buenos AiresArgentinaTel. +54 11 4951 8547Fax +54 11 4954 6646eaaf@velocom.com.arwww.eaaf.orgOffice in New York10 Jay Street, #504Brooklyn, NY 11201 USATel. +1 718 237 2028Fax +1 718 237 2154eaaf2ny@aol.com

Argentine Forensic AnthropologyTeamMost of the ideas presented in this paper are based in thecollective reflections of the members of the Argentine Fo-rensic Anthropology Team (Equipo argentino de antropologiaforense, EAAF). EAAF is a nongovernmental, nonprofit, sci-entific organization dedicated to applying forensic anthro-pology to the investigation of human rights violations.Forensic anthropology involves using methods and tech-niques from archaeology, physical anthropology and medi-cine to solve legal cases. EAAF uses these methods to exhumeand identify the remains of victims of human rights viola-tions and determine their cause of death. EAAF memberswork as expert witnesses and consultants for judiciary sys-tems, human rights organizations and intergovernmentalbodies such as the United Nations.

EAAF was founded in Argentina in 1984, in the first monthsof the new democratic government. During the previouseight years of military dictatorship (1976–1983), at least10,000 people were “disappeared” by the state. EAAF wasfounded as an attempt to help heal Argentine society and,specifically, to help the relatives of the victims. The resultsof EAAF investigations in Argentina were used for the con-viction and punishment of high officials responsible for therepression.

Since l986, EAAF members have increasingly traveled abroadto conduct actual case investigations, give lectures and semi-nars and share their expertise with human rights monitors,especially those interested in applying forensic techniquesto human rights documentation. EAAF works to form simi-lar teams of experts in other countries. To date, team mem-bers have worked in the Philippines, Chile, Bolivia, Brazil,Uruguay, Peru, Venezuela, Paraguay, Colombia, El Salva-dor, Guatemala, Haiti, Panama, Honduras, Iraqi Kurdistan,Croatia, Bosnia, Kosovo, Ivory Cost, East Timor, Indone-sia, Romania, French Polynesia, Ethiopia, Angola, the Demo-cratic Republic of Congo (formerly Zaire), Zimbabwe andSouth Africa.

Organizations that have used EAAF’s services include: In-ternational Criminal Tribunal for the Former Yugoslavia;Special Secretary Team for the Democratic Republic ofCongo; UN Truth Commission for El Salvador; South Afri-can Truth and Reconciliation Commission; Truth and Jus-tice Commission for Haiti; Special Commission forDisappeared of Brazil; Special Prosecutor Office of Ethio-pia; Corazon Aquino’s Commission for the Philippines; Spe-cial Commission for the Search of Che Guevara’s Remains;American Association for the Advancement of Science;Human Rights Watch; Physicians for Human Rights; Am-nesty International; Latin American Federation of Disap-peared People.

EAAF is currently made up of eleven people specializing inmedicine, archaeology, physical and social anthropology,computers, and law. Current members are: Patricia Bernardi,Daniel Bustamante, Mercedes Doretti, Luis Fondebrider,Anahi Ginarte, Rafael Mazzella, Dario Olmo, Silvana Turner,Carlos Somigliana, Sofía Egaña and Miguel Nieva.

September 2004

Dear Friend,

Welcome to the New Tactics in Human Rights Tactical Notebook Series! In each notebook a humanrights practitioner describes an innovative tactic used successfully in advancing human rights. Theauthors are part of the broad and diverse human rights movement, including nongovernment andgovernment perspectives, educators, law enforcement personnel, truth and reconciliation processes,and women’s rights and mental health advocates. They have both adapted and pioneered tactics thathave contributed to human rights in their home countries. In addition, they have used tactics that,when adapted, can be applied in other countries and situations to address a variety of issues.

Each notebook contains detailed information on how the author and his or her organization achievedwhat they did. We want to inspire other human rights practitioners to think tactically—and tobroaden the realm of tactics considered to effectively advance human rights.

Forensic science has been a powerful tool in the scientific documentation of human rights violationsaround the world, and especially in Latin America. The Argentine Forensic Anthropology Team hasbeen in the forefront of efforts to train human rights NGOs to use forensic tools to advance theirinvestigations, to provide more support for victims and to strengthen the credibility of their workagainst impunity. EAAF uses independent investigations to mobilize and persuade both local andinternational audiences. The information obtained can also provide useful evidence for futureprosecutions. This notebook addresses how human rights organizations can make optimal use offorensic science to advance their work for justice and against impunity.

The entire series of Tactical Notebooks is available online at www.newtactics.org. Additionalnotebooks will continue to be added over time. On our web site you will also find other tools,including a searchable database of tactics, a discussion forum for human rights practitioners andinformation about our workshops and symposium. To subscribe to the New Tactics newsletter,please send an e-mail to newtactics@cvt.org.

The New Tactics in Human Rights Project is an international initiative led by a diverse group oforganizations and practitioners from around the world. The project is coordinated by the Center forVictims of Torture and grew out of our experiences as a creator of new tactics and as a treatmentcenter that also advocates for the protection of human rights from a unique position—one of healingand reclaiming civic leadership.

We hope that you will find these notebooks informational and thought-provoking.

Sincerely,

Kate KelschNew Tactics Project Manager

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IntroductionOver the last f i f teen years, the scientif ic invest iga-tion and documentation of human rights violationshas become a valuable tool in the search for tru thand justice in societies emerging from periods of po-lit ical, e thnic and religious violence . Forensic exper-tise has served human rights invest igations led byofficial justice systems of states, historical truth-seek-ing processes, in ternational tribunals and commis-sions and human rights NGOs.

A forensic scientist can answer some questions witha certain degree of precision:! W as the person tortured?! W hat was the cause of death?! Was the death accidental or intentional?! Can the unearthed bodies be posi t ively identi-

fied?

Such answers o f fer vict ims’ families and the judicialprocess convincing proof o f w hat happened . In anobject ive , concre te w ay, scientif ic analysis comple-ments the testimony of a witness, a photograph or adocument rela ted to an incident . This kind of scien-tif ic evidence may prove to be fundamental for aruling on w hether an accused person is innocent orguilty. In cases o f rape , for example , it can be crucialto discover traces o f semen that can be comparedwith the genetic pat tern of the accused person .

In recent years, the application o f the forensic sci-ences has had a significant impact in countries whereabuses were committed by the government or agen-cies connected to it , be it for polit ical or o ther rea-sons. O f f icial versions o f events, o f ten false , can becontrasted with physical evidence and their analysis.This allows a tribunal to establish , for example , thata group of people was executed , and in fact did notdie in an armed encounter.

In this tact ical notebook w e sho w ho w families o fvictims, their communities and the organizations thatthey form—human rights NGOs—can use the foren-sic sciences in their struggle for truth and justice andprevent the impunity that those responsible for hu-man rights abuses of ten enjoy.

THE HISTORICAL AND POLITICAL CONTEXTFrom the early 1960s to the present , thousands o fpeople around the world have been arrested and tor-tured. O thers have been kidnapped and never againseen by their families. Thousands of bodies have ap-peared , and continue to appear, w ith signs o f gun-shot wounds, machete wounds, mutilation and otherterrible forms of death. In hundreds of villages, espe-cially in remote areas, there are clandest ine massgraves containing the bodies of disappeared persons.Over the years, some graves have been exhumed ,but the vast majority are still undiscovered . In coun-tries like Guatemala , Rw anda , the Democra tic Re-

public o f Congo and Cambodia , to name only a fewnotorious cases, the dead and disappeared numberin the hundreds of thousands.

Though most cases of human rights abuse are politi-cal in nature , e thnic and religious conflicts deepenthe level o f complexity. Perhaps the most troublingaspect o f these cases is the involvement o f govern-ments and of organizations formed or protected bysta tes that carry out policies o f kidnapping , tortureand executions. While a whole range of armed insur-gent groups and movements have also commit tedthese crimes—the Sendero Luminoso in Peru , for ex-ample—the responsibility of a government is dif fer-ent, since it is the state which represents legality andis the repository of the “ legitimate ” use of force .

The e f f ects o f vio len t socia l processes are ca ta-strophic, not only for vict ims’ families, but also forsociety as a whole. The rupture of the juridical order,the destruction of institutions and the curtailment offreedom of expression are the most well-known as-pects o f these processes. For the families o f disap-p e a r e d p e rs o n s , h o w e v e r, t h e s u f f e r i n g iscompounded . From the beginning , the uncertain tyabout whether a loved one is dead or alive is agoniz-ing . W hen a disappearance is the result o f polit icalviolence , isola tion is added to this doubt . A f ter anearthquake or a plane crash , for instance, the searchfor bodies is usually led by the state. In normal times,families turn to sta te agencies for in formation andare offered support and psychological counseling. Associe ty mobilizes on their behalf , the tragedies o ffamilies are included in a collective experience of loss.But w here the sta te itself is responsible for the dis-appearance, families suffer much greater uncertainty,isolation, anguish and sometimes even public ridicule.Further, families face the very real prospect that thoseresponsible for the disappearance—usually state se-curity forces—will hide the detained person and mayeven at tempt to eliminate all traces o f the body a f-ter death .

USING SCIENCE TO INVESTIGATE THE PASTAs violent periods come to an end , authorit ies arereplaced by new officials and victims’ families call forinvestigations of disappearances and deaths and fortrials of the responsible parties. Truth commissions—either national or in ternational—tend to pursue ahistorical line of inquiry, while tribunals are orientedtowards the judicial system . It may also be necessaryto establish a reparations program. Regardless of themechanism used, the forensic sciences can play a keyrole during each step in the search for the truth aboutthe dead and disappeared .

Forensic scientists from a number o f countries, forexample , recovered the bodies o f Bosnians killed bySerbs in the Bosnian village o f Srebrenica in 1995.Their careful exhumation and analysis o f the recov-

Uncovering Evidence 7

ered remains resulted in scien-tif ic evidence that supportedwitnesses’ test imony to a mas-sacre of 8,000 people .

Similarly, the Guatemalan Com-mission for Historical Clarif ica-t i o n (C o m is i o n d eEsclarecimiento Historico) or-dered the exhumations o f sev-era l mass graves in t he la t e1990s. Despite years o f in timi-dation in w hich vict ims and lo-cal residents could not even sayout loud that bodies were bur-ie d n e arby, a n d d esp i t e a t-t e m p ts t o t a m p er w i t h t h egrave si tes, these results pro-vid e d cl e ar evid e nce o f t h ea troci t ies co mmit t e d by t h eGuatemalan army in the 1980s.

WHAT ARE THE FORENSICSCIENCES?A real-life forensic investigationis not as simple as somethingyou might see on the DiscoveryChannel or a TV detect ive sho w. A single hair or abulle t rarely resolves a case , but instead is incorpo-rated into a wider multidisciplinary invest igation inw hich experts from many professions help the pro-cess o f just ice . Their w ork is geared to providing alegal body—a prosecutor, for example—with ele-ments that serve to support or re fute test imony ordocuments—a le t ter le f t behind by a vict im , for ex-ample. In most cases, this scientific information comesfrom the analysis o f physical evidence , whether bio-logical (a cadaver, skeletal remains, a bloodstain , sa-liva on an envelope) or nonbiological (project iles,synthetic f ibers and other objects relevant to an in-vestigation).

Physical evidence can be very important to the legalprocess. In contrast to witness testimony, physical evi-dence is more dif ficult to manipulate for the benefito f any party to a dispute . The conclusions must bemeasurable and based on a series o f demonstrablesteps accepted by the scientific community. Such sci-entific methods provide a greater degree of certaintythan that of a personal testimony.

To achieve this certain ty, the expert witness musthave integrity and independence . He or she must befree of any pressure to draw a particular conclusionand not be dependent on either party to a dispute .Such independence is particularly important becauseoften the official forensic experts are part of the verysame sta te system that commit ted the viola tion .

Historically, medicine has been the scientific disciplinepar excellence in medical-legal investigations. The tra-ditional disciplines of the forensic sciences include:! forensic pathology! forensic odontology! toxicology! forensic genetics! forensic psychology

Disciplines relatively new to the legal context include:! archaeology and anthropology—which involve

the recovery and analysis of skeletal remains andassociated evidence;

! forensic taphonomy—the study of changes in thebody follo wing death and its in teract ions w iththe environment, including flora and fauna (en-tomology), which can indicate how long a personhas been buried in a location; and

! forensic engineering—the analysis of buildings,w hich can establish the causes o f a f ire or anexplosion, including “criminalistics” who analyzeobjects, fluids and documents related to a crimescene.

THE ROLE OF ANTHROPOLOGISTSIN HUMAN RIGHTS INVESTIGATIONS1

Forensic anthropologists have played an importantrole in human rights invest igations during the lastt w o decades. Prior to the junta trials in Argentina ,human rights investigations generally relied only onwitness test imony and documentary evidence . Theintroduction of scientific evidence has provided a newdimension . Since then , judicial bodies ranging from

The archeological exhumation of a mass grave in El Salvador. Photo courtesy of EAAF.

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national courts to the UN War Crime Tribunals haverecognized and accepted forensic scientific evidenceas a valuable tool in the pursuit of human rights andjustice.

Although many forensic sciences (e.g., pathology, od-ontology, genetics) contribute to these investigations,forensic anthropology generally plays a central role.F o r e n s ic a n t h r o p o l o g y a p p l i e s t h e p h ys ic a lanthropologist’s knowledge of human variability tomedicolegal problems. Beyond this specialized focus,most forensic anthropologists have had academictraining as well as some fieldwork in archaeology andcultural anthropology. Victims of such abuses are of-ten buried anonymously in common, and often clan-dest ine , graves. A grounding in archaeology is thususeful in finding and excavating graves that may con-tain the commingled bones of many victims. Further,training in cultural anthropology provides some in-sight and sensitivity in dealing with families and com-munities oppressed by the violence. This is especiallyvaluable w hen those a f fected belong to non-W est-ern societies.

THE USE OF SCIENCEIN AN ONGOING CONFLICT SITUATIONIn addition to helping establish the truth about pastconflicts and abuses, forensic sciences are used in thedaily course of criminal justice investigations. For ex-ample , if a prisoner in jail in Turkey asserts that he isbeing tortured , a forensic doctor can physically ex-amine him to establish the truth . In current conflictsin Colombia or the Middle East, forensic anthropolo-gists analyze remains to identify victims or, when thebodies are in bad condition, to establish the cause ofdeath , w hich can be crucial w hen there are allega-tions o f extrajudicial executions. Forensic expertscould also visit graves sites—for example , in Darfur,Sudan—to a t tempt to establish size o f the gravesand determine how many people are buried there .

In the case o f an ongoing conflict , a human rightsNGO proposing to initiate forensic investigations mayface more dif f icult polit ical realit ies. Depending onthe conflict and the potentially controversial role ofthe state, it may be dif ficult to obtain official permis-sion for such invest igations. Depending on the na-ture of the perpetrators and their level o f impunity,initiating such investigations can also involve substan-tial security risks.

Example 1:El Salvador: The El Mozote Massacre2

From December 6 to 16, 1981, the Salvadoran armyconducted “ Operation Rescue ,” in the northeasternprovince of M orazán . It had tw o object ives: f irst , toforce guerrillas o f the Frente Farabundo M artí parala Liberacion Nacional (FMLN) from the area and de-stroy their clandest ine radio sta tion and , second , toeliminate FMLN supporters among the civilian popu-

la tion . Spearheading the operation w as the eliteA t laca t l Ba t t a lion , a U .S.-t ra ined and equippedcounterinsurgency unit.

According to several witnesses, the guerrillas lef t thearea af ter a few ambushes and encounters with thearmy. On December 9, the army arrived in El Mozote.Soldiers killed the villagers, destroyed their houses,burned their f ields and slaughtered their livestock .They then used the village as a base from w hich tolaunch daytime attacks on five other nearby villages,in w hich they massacred residents and destroyedhomes and f ields. Having been alerted by the ElM ozote massacre , many inhabitants o f these outly-ing villages managed to escape. Each night survivorsreturned under the cover of darkness to inter as manyvict ims as possible in common graves a t the si teswhere they were found. Most survivors escaped acrossthe Honduran border to United Nations re fugeecamps; others joined the FMLN or took refuge in otherregions of El Salvador.

Even though major international press sources, suchas the Ne w York Times, reported on the massacre ,neither the Salvadoran nor the U.S. governments sup-ported or allowed any investigation . The villages re-mained largely abandoned until 1989, w hen manysurvivors began to return . El Mozote itself remainednearly deser t ed u n t il severa l years la t er. Theseevents, kno w n as the “ M assacre o f El M ozote , ” be-came the object of intense debate in both El Salvadorand the United Sta tes.

Despite the refusal of both governments to supportfurther investigations into the incident, human rightsgroups continued to press for an invest igation . In1989, a t the request o f local organiza tions fromM orazán , Tutela Legal, the Human Rights Legal O f-fice of the Archbishop of San Salvador, launched aninvest igation o f the massacre . This NG O spent sev-eral months in the region in tervie wing rela tives o fthe victims and witnesses of the incidents. A fter ana-lyzing all the information, Tutela Legal concluded thatabout 800 villagers had been killed and that over 40percent of the victims were children under ten yearsof age .

In October 1990, Tutela Legal helped several survi-vors o f the massacre init ia te a legal suit against thearmy. To help build their case , Tutela Legal plannedto conduct exhumations in the El M ozote area andrequested the assistance o f EA A F. EA A F membersmade a preliminary trip to El Salvador in 1991, butthe investigation was blocked when judicial of ficialsrefused to grant permission to exhume. Despite suchdifficult political challenges, Tutela Legal was able toinitia te an investigation and prepare the “ field ” forthe moment in which the political situation changed.

Uncovering Evidence 9

INVESTIGATIONS AFTER THE CIVIL WARIn early 1992, shortly a f ter the Salvadoran govern-ment and the guerrilla army had signed a peaceagreement, Tutela Legal again invited EA AF to assistwith its invest igation . A n EA A F team returned to ElSalvador and spent three months making prepara-tions and conducting preliminary investigations. Withthe help of survivors we were able to locate some ofthe graves, gain some idea of the number of bodiesin each , and prepare lists o f possible vict ims. As apart o f this preliminary invest igation , w e also com-ple ted the “ pre-mortem form ” with physical in for-mation on the vict ims, searched in local papers forin formation about the incident and tried to cross-reference all the information and develop a hypoth-esis about w ho could be buried in each grave . W eencountered many bureaucratic obstacles used as de-laying tact ics by various o f f icials opposed to the in-vest igation . A f ter these w ere overcome , w e w erefinally named as o f f icial expert witnesses in the ElM ozote case . Ho w ever, the Supreme Court and thelocal judge overseeing the case again denied permis-sion to start exhumations, and the EA A F team re-turned to Argentina . Finally, in the fall o f 1992, theUnited Nations Truth Commission for El Salvadoropened the way for exhumations and appointed EAAFmembers as technical consultants. We were directedto conduct the excavation of Site 1 in the hamlet of ElM ozote . A t the same time Tutela Legal remained akey part in the investigation, not only because of theirearly involvement but also because the local popula-tion trusted them—but not the local justice .

The si te consisted o f the ruins o f a small (4.3 x 6.4meter) one-room adobe building, el convento, whichhad stood next to the village church . Its w alls hadcollapsed in w ard , leaving a meter-high mound ofdebris that included its charred roof timbers. Removalof this revealed , lying on the floor, the commingledskeletons o f 141 individuals, 134 of whom were un-der the age o f t w elve . The adults consisted o f sixwomen and one elderly man. Fetal bones were foundwithin the pelvic basin o f one of the women . A longwith remnants o f clo thing w ere dolls, marbles, toycars, religious medals and crosses, and a fe w smallcoins.

A total of 245 spent cartridge cases were recovered .Most were found in the southwest corner of the room,indicating that the shooters were most likely stand-ing close to this area . The cartridges were submittedto U.S. archaeologist and ballistics expert Dr. DouglasScot t; w ith the exception o f one , all o f them w erefired from 5.56 NATO caliber firearms. Dr. Scott foundthat the cartridges appeared to have been fired fromU .S.-manufactured M-16 automatic rif les. A ll o f thecartridge cases bore head stamps o f the Lake CityArms Plant located near Independence , Missouri, aU .S. Army provider. Firing pin impressions and ejec-t ion marks indicated that a t least t w enty-four f ire-

arms w ere represented among the recovered car-tridge cases (Scot t 1993). Various sources claim thatthe A tlacatl Battalion was the only Salvadoran armyunit to use this type of rifle at the time of the massa-cre.

Tw o hundred sixty-three bulle t fragments w ere re-covered from within the building. Most were concen-tra ted in the northeast side o f the room , opposi tethe corner w here the cartridges w ere found . M ostwere embedded in the bones of the victims or in closerelationship to them . In nine cases, bulle ts had pen-etrated the floor direct ly under gunshot wounds o fthe skull or thorax, showing that these victims werelying on the floor and the shooter was standing overthem. (Fondebrider et al. 1993). While some childrenmay have been shot outside and their bodies la terdumped in the building , the recovered ballist ic evi-dence shows that the number of rounds f ired insidewas sufficient to account for all of the deaths (Snowet al. 1993).

After exhumation , the skeletons were removed to amorgue in San Salvador for more detailed examina-tion. The team was joined by Dr. Snow and two otherA merican forensic experts, forensic pathologist Dr.Robert Kirschner and forensic radiologist Dr. JohnFitzpatrick . While gender is dif ficult to determine inimmature skele tons, the team used the fe w cluesavailable along with associated clothing and personalef fects to conclude that about 55 percent of the 134child skeletons were female. Osteological and dentalage determination showed that these children rangedin age from birth to about twelve years, with a meanof 6.8 years, and all of the victims, including the sevenwith crushing injuries, had exposure to fire (Snow etal. 1993).

The findings at Site 1 were among the principal basesfor the UN Truth Commission’s conclusion that theSalvadoran army had commit ted a massacre in ElM ozote and f ive nearby villages, resulting in thedeaths o f a t least 500 persons and probably manymore . The report also included the names o f high-ranking o f f icers in the armed forces o f El Salvadorw ho w ere responsible for the operation . The f ind-ings of the commission prompted the Clinton Admin-is t r a t i o n t o p u b l ic l y r e c t i f y t h e U . S . S t a t eDepartment’s former position that the massacre hadnever occurred. In El Salvador, the A tlacatl Battalion,which had committed the massacre, was officially dis-banded , though its members w ere placed in o therarmy units.

General considerationsAs the El M ozote example sho ws, the invest igationof a case o f human rights viola tions is much morecomplex than an ordinary criminal case . In El Salva-dor, i t w as the sta te that killed hundred o f persons

10

and then tried to block the invest igation . The chal-lenges are thus both technical and political.

Diverse experiences in other contexts have taught usthat the following issues must be considered beforestarting a forensic investigation:

1) THE EXHUMATION OF GRAVES IS NOT JUSTA TECHNICAL OPERATIONBefore sending in a forensic team , the authorit iesand NGOs involved must consider the potential psy-chological, judicial, political, economic and humani-t arian co nseq uences o f exh umin g an d p ossib lyidentifying human remains. The results o f an NGO’sprobing to determine w hether someone w as ex-ecuted by the police or died in a confrontation couldlead to severe judicial and political consequences forthe government—an outcome for w hich the NG Omust be prepared .

An NGO must also plan for the powerful psychologi-cal impact that exhumation has on victims’ relatives.In Guatemala , for example , the experts on psycho-logical support collaborate with forensic anthropolo-gists before , during and af ter the exhumation .

2) UNDERSTANDINGTHE LOCAL CONTEXT IS CRUCIALForensic scientists must consider and respect the lo-cal context, including the ethnic, religious and politi-cal rela tions in the a f fected communities and thedynamics o f the specif ic conflict . In a country wheremost of the population is Muslim, for instance, thereare specific restrictions about the treatment of a deadbody, and a proposed autopsy could be rejected .These issues must be studied in advance and in closecommunication and collaboration with the popula-tion and its religious leaders.

3) FAMILIES ARE CENTRAL TO THE PROCESSThe families and communities o f the vict ims are acentral and fundamental part o f any invest igation ,before , during and af ter the actual forensic work . Itis important to keep them informed of the true pos-sibilities of success in the investigation and not createfalse expecta tions. In places diverse as Guatemala ,Colombia , Peru , A rgen t ina , t he Philippines, t heformer Yugoslavia , Ethiopia , Zimbab w e , Cyprus orKurdistan , where the most a f fected populations areindigenous people and peasants living far away fromthe big cities, the experience of forensic scientists hassho w n that the process o f exhumation is a funda-mental step for the community and the families, notonly in terms of their search for truth and justice, butalso as a cultural and religious turning point.

In most cases the community and the families helpthe investigators with logistical matters and security,and provide fundamental pre-mortem information .Sometimes the families travel long distances to be

present during the exhumations. Unless investigatorstake the t ime to talk with families, important datamay be lost forever.

People from all different cultural, ethnic and religiouscontexts have lived through the experience of havinga loved one kidnapped and never seen again. A rela-tive may have simply le f t the house and never re-turned . They then pass years or even decades w ithno information about what happened. It can becomea critical psychological and emotional necessity to seeho w the body is exhumed from a clandest ine graveand to follow the results o f the invest igation . Fami-lies want to know what happened, when, where andw hy. It is the f irst concre te in formation they havereceived about the plight of their loved ones.

4) THE LEGAL CONTEXTMUST BE CLEARLY DEFINEDThe use of forensic science in the documentation ofhuman rights viola tions has created ne w si tuationsand quest ions that are beyond the experiences o fmost people . Given this unexamined territory, i t isessential to have a clear sense o f the kind o f case a tstake. We need to understand whether the objectiveis to build a judicial case or whether it is preferable tosimply re trieve the remains for humanitarian rea-sons, for the families and communities. Short-terminterests should not , however, negate the possibilityof reaching long-term goals. While there may be nocurrent prospect o f a judicial case , the investigationshould plan for the possibility of a case in the future.

In many of the places where these investigations takeplace , there is a power vacuum . Far away from capi-tal ci t ies the sta te’s presence may be dif fuse , andlegisla tion on procedures for exhuming and analyz-ing human remains may not exist . W ho has custodyover the gravesi te? W here should the remains bestored? W ho has authority to analyze them? Suchquest ions must be addressed by the NG O and theforensic experts before the process begins.

Professional assumptions regarded as standard in theUnited States and Europe often cannot be made. Forexample , if the excavation of a grave will take morethan one day, the site should normally remain underpolice custody when investigators are not present . Itcan be dif f icult to comply with this requirement ifthe site is tough to access. It might even be too dan-gerous for a police of ficer to stay overnight . Such di-lemmas are common when the UN is not involved .

Often a compromise is reached . Some standards aremet w hile o thers are not , and this has costs. If theinvestigation is meant to provide legal evidence, pro-cedural errors—like gaps in the chain o f custody—can make it harder to argue for the legal validity o fthe evidence . If members o f an NG O retrieve someevidence—a bulle t , for example—from the crime

Uncovering Evidence 11

scene because they are worried that it willbe hidden by the police , this importantpiece o f evidence cannot la ter be in tro-duced in the o f f icial invest igation . Simi-larly, i f a grave is opened without ano f f icia l au thoriza t ion , the results maylater be declared invalid .

In some contexts, such as Zimbab w e to-day, it is impossible to have a judicial pro-cess. Those responsible for the killings inMatebeleland are still in power. With suchan apparently hopeless political challenge,there may appear to be less need to fol-low correct procedure carefully. But in thefuture that political situation may change,and if all legal requirements for an inves-tigation are followed carefully, there willbe usable evidence against the perpetra-tors in the fu ture .

5) SECURITY MUST BE CAREFULLYEVALUATEDIn this work, security is very important, notonly for the witnesses and rela tives butalso for the investigators and grave sites.Since perpetra tors may st ill reside nearthe si te o f an invest igation , outside re-searchers w ho arrive a t the si te and areseen talking with witnesses of a massacremay be put ting their own lives a t risk . Asa result , an NG O must be very care ful inapproaching witnesses.

In Guatemala during 2003, for instance ,the Guatemalan Forensic A nthropologyFoundation was subjected to repeated threats, pro-voking urgent alerts in their de fense around theworld . Such threats sometimes forced them to inter-rupt their investigations. In Colombia , several inves-tigators from the Fiscalía General de la Nación havebeen killed during the w ork on the si te o f a massa-cre.

6) SPECIALISTS SHOULD BE INDEPENDENTIn every case , but especially in those w here sta teagents are implicated in the crimes, it is essential towork with forensic specialists who are independentof the state. This guarantees the transparency of theprocess and builds confidence among families. Thisindependence has two aspects. First, there should beno formal a f f ilia tion with the sta te . Second , the ac-tual work of the investigation must be independentof polit ical or o ther pressure that could result in bi-ased results. For example , w hen a prisoner is foundhanged in his cell in a jail, the official state doctor willusually perform the autopsy. While his work may beprofessionally sound, it will not be credible to the fam-ily because he is a f f ilia ted with the o f f icial system ,and they will ask that a second autopsy be performedby someone from outside the sta te .

In conclusion , human rights viola tions are not ordi-nary crimes, but extraordinary, massive and systemicviolations, in which the state is often the main perpe-tra tor. In many third w orld countries and f ledglingdemocracies, political and executive powers can con-strain the functioning of the judiciary, impeding thew ay that just ice is invest igated and administered .Thus there is always a risk that forensic analyses car-ried out by local professionals may be compromised .

Further, in transitional situations, the search for truthabout the past has socie tal implications that go be-yond official justice. Post-conflict societies have a deepneed to establish a ne w rela tionship o f confidencebetween the state and its citizens, and investigationsof past “ tru ths” are a crucial element in this. Thefamilies o f vict ims tend not to trust funct ionaries o fthe same state that abducted their loved ones, evenif a new regime is in power. The sta te itself can ben-efit from the use of independent investigators, show-ing sensitivity to the past and a need to slowly rebuildthis confidence.

Families of the disappeared in Guatemala praying in front of boxes containing remains exhumedfrom a clandestine grave. Photo courtesy of EAAF.

A member of the forensic team interviewing relatives in Iraqi Kurdistan. Photo courtesy ofEAAF.

12

How the work is plannedAny forensic investigation must be composed of thefollowing three steps:a) Preliminary investigation. This includes interviews

with witnesses, relatives of the victims, local au-thorit ies and perpetra tors; collect ing and ana-lyzing any available documents rela ted to theevents under invest igation (cemetery records,police files, newspapers); and setting up a data-base for the information in order to cross-checkthe data and establish hypotheses about thecase.

b) Archaeological investigation. This involves survey-ing possible grave sites, interviewing primary wit-nesses o f the burials and , f inally, exhuming thebodies and any other associated evidence.

c) Laboratory analysis. This involves anthropologi-cal study o f the remains in order to establishcause of death and , when possible , to posit ivelyidentify the victim.

In pract ice , the stages cannot alw ays be carried outin this sequence , and they sometimes overlap . In thecase o f bodies found in clandest ine graves, for ex-ample , the second stage is carried out f irst , and thefieldwork starts once a working hypothesis has beenestablished. In other cases, the body is found immedi-ately af ter death, and the forensic investigation getsunder w ay a f ter it has been recovered , a t the sametime as laboratory analyses are carried out .

The three stages are closely rela ted , and in spite o fthe fact that they are conducted by specialists fromdif ferent f ields, the approach to the invest igationm us t b e m u l t i d isc i p l i n a ry. U n f o r t u n a t e ly, t h ismultidisciplinary relationship is not always fully rec-ognized. On one hand, medical experts are expectedto perform a varie ty of tasks outside their sphere ofexpertise , but on the other, legal authorit ies, medi-cal experts and police forces o f ten fail to discuss thegeneral analysis o f the case .

Forensic researchers, no mat ter w hat their f ield ,serve as technical assistants to the legal authorities,who order the investigative measures they considerrelevant . Unfortunately, i f the legal authorit ies areunaware of what researchers can learn from a bodyor a bloodstain a t the si te w here the body w as dis-covered , they will not be able to accurately judgewhether the expert report submit ted is complete .

How can NGOs applythe forensic sciences?Human rights defenders and members of NGOs don’tall need to become forensic scientists, but they shouldlearn ho w to take advantage o f the services o f aforensic expert. In addition, in situations where NGOsare promoting or collaborating with a forensic inves-t igation , there are crucial tasks be fore , during andafter the investigation that the NGO can carry out . If

we look at the NGO’s role in a holistic way, it involvesseveral stages, including:a) diagnosing the need for and setting the param-

eters o f a potential forensic investigationb) building relationships with local authorities and

communitiesc) finding allies who could assist with the projectd) assist ing with the collect ion of data before and

during the investigatione) creating a multidisciplinary team of profession-

als to assist in the w orkf) helping to coordinate or support an integrated

investigation within the context of broader hu-man rights objectives

g) disseminating the results of the investigation

Let’s examine each of these tasks.

A) INITIAL DIAGNOSISIn a situation where the state, for political reasons, isnot already invest igating a past crime , or may itselfbe the perpetrator, it will of ten be the human rightsNGOs taking the first steps. NGOs may be working tocall public at tention to past abuses, to combat impu-nity through prosecutions, or to promote legislationto prevent the repetit ion o f such crimes. They maydevelop programs on human rights education so thatcitizens don’t lose their sense of history, or representvict ims seeking the tru th about individual cases. Inany such situation, an NGO may decide that scientificevidence might further its objectives.

The first step is to carry out a diagnosis of the case—to analyze the political, judicial and religious contextto determine whether a forensic investigation is fea-sible and appropria te . This w ill involve many ques-tions, for example:! Is there a transitional or legal process that might

use such evidence?! W hat are the requirements o f the penal code?! Is there a prosecutor w ho w ould recognize this

kind of evidence?! Are there structural or political barriers to using

such scientif ic data? For instance , from the reli-gious perspect ive , in some countries there arevery speci f ic rules for dealing with bodies andautopsies are not allowed .

! Is there a local forensic profession or system? Forexample , in some A frican countries w here thedevelopment of the forensic system is very poor,the NG O might need to approach members o fthe highest tribunal to try to persuade them ofthe importance of forensic work .

! Are there any security risks? Will former perpe-tra tors re talia te against such campaigns? Arethere allies w ho can help protect against suchrisks?

! Are the families and communities supportingsuch an invest igation? It is essential to evaluatethe expecta tions o f the families and members

Uncovering Evidence 13

of the community about this kind of work and tounderstand their desires, doubts and troubles.

B) BUILDING LOCAL RELATIONSHIPS WITHAUTHORITIES AND COMMUNITIESA forensic investigation involves both the communi-ties o f the vict ims and authorit ies from the sta te .NG Os are o f ten the crucial link bet w een these t w okey groups. Human rights NGOs need to understandthe ways of the community and develop relationshipsof trust w ith the vict ims and their communities. InSierra Leone and the Democratic Republic of Congo ,for example, before approaching the relatives of thevictims it was necessary to meet with village chiefs toexplain the invest igation and to ask for authoriza-tion to talk with the rela tives. Similarly, in LatinA merica church leaders—from national bishops tolocal priests—have been important in promotion ofinvestigations and building necessary relationships.

W hile there may be great distrust in a communitytoward any “official” collaboration, a forensic inves-tigation often has its greatest impact as an “official”investigation, promoting institutional and structuralchange. NGOs can help bridge this gap in confidence,educate vict im communities about the processes o fchange and promote debate about their relationshipswith the sta te .

The NGO can simultaneously play a role vis-à-vis thesta te . O n the one hand the NG Os are pushing thesta te to fulf ill i ts responsibility and thus collaborat-ing in a legal process. A t the same time , the NG Ospressure the sta te to be accountable for its act ionsand in so doing stand up for its victims.

C) FINDING ALLIESProjects o f this k ind have many poten tial allies.Though far from exhaust ive , the follo wing list out-lines the kinds o f people and inst itu tions w ho canhelp.

Judges, prosecutors and la wyers: Legal authorit iesdecide whether or not an investigation can proceed,and with the right allies, i t can be possible to moveforw ard with invest igations that will be importantand precedent-setting, even in situations that are po-lit ically challenging . Every legal community, eventhose with the worst elements of injustice and impu-nity, will have some ethical professionals who are in-terested in justice and willing to of fer some supportto the noble objectives of human rights. A judge whois w illing to help can have a great impact w hen itcomes to securing permissions. A friendly lawyer canoffer crucial advice about the future use of evidence.

Forensic and criminalistic doctors: Medical profession-als carry out the forensic tasks. On the one hand thereare independent in ternational groups like EA A F. Inaddition , however, many countries are home to pro-

fessionals with the necessary independence . Finally,in cases such as in Guatemala and Peru , it might be apriority of the human rights movement to develop alocal NGO with professional expertise in this field .3

Religious and community leaders: Religious leadersare usually in close contact w ith the needs o f theircommunities and can quickly mobilize members. A tthe same time , religious authorit ies o f ten have anin fluence with governmental authorit ies that secu-lar organizations lack. If there are security risks asso-ciated with such campaigns, for instance, it has oftenbeen church NGOs led by bishops or other church au-thorities who have been able to propel such investi-gations forw ard . O n a local level, religious leadersare key to understanding and respect ing the localculture—an issue of special importance w hen deal-ing with the question of death and the treatment ofdead bodies.

Political parties: Forensic investigations are often partof political transit ions that work to contribute to anend to impunity. Since transit ions o f ten require fur-ther reform and new legislation , an integrated cam-paign can benefit from polit ical allies w ith skills inthese areas. In addition, politicians are often in a po-si t ion to make decisions (good or bad) about an in-vestigation.

Educational system: Educators are crucial in the for-mation of public opinion and in deciding how recenthistory will be taught . Since these investigations willform a fundamental piece o f socie ty’s vision o f thetruth o f its past , i t makes sense for human rightsNG Os to in tegrate their invest igations w ith humanrights education.

Foreign embassies: Diplomats exert international po-lit ical pressure on reluctant governments and mayprovide needed expertise and additional funds.

Local and international NGOs can support the plan ofaction for the investigation.

The United Nations and regional organs can partici-pate in the implementation of investigation plans oreven carry them out .

Each of these actors and institutions can be either anally or an opponent for a human rights organizationthat promotes a forensic invest igation . For this rea-son , it is important to work with them at each stageof the process. Strategies for building such allianceswill dif fer depending on w hether the NG O alreadyhas contacts in these sectors. NG Os can strengthenthese alliances by approaching professional organi-za tions and o f fering w orkshops about the projectgeared towards certain professions.

14

In 1992, w hen w e visi ted El Salvador to invest igatethe case of El M ozote , we met with members o f thesupreme court to address the necessi ty o f an inde-pendent invest igation . W e met with the director o fthe local medicolegal institute to present a work planand met several t imes w ith the judge in charge o fthe case . W e visi ted several European embassies togarner support and to pressure the government . Si-multaneously, Tutela Legal, the local NGO who calledus, met with people and inst itu tions in the countryand abroad , in order to create an umbrella o f sup-port for the investigation .

Occasionally some sectors of a socie ty feel that casesof disappearance should be left in the past. They fearan investigation could open wounds—wounds that infact were never closed—or that the disappearance isimportant only to the relatives. The alliance-buildingprocess helps to overcome such reluctance to partici-pate in the investigation .

D) ASSISTING WITH THE COLLECTION OF DATABEFORE AND DURING THE INVESTIGATIONSome investigative tasks will require external exper-tise , but others can be accomplished with the in ter-nal resources o f the NG O . In particular, act ivists cancarry out the tasks involved in the preliminary inves-t igation , such as compiling test imony, creating atimeline o f the period w hen the events took placeand locating surviving relatives.

In the south of Zimbabwe hundreds o f people werekilled in the 1980s by President Robert Mugabe’s gov-ernment . Over several years, a local NGO working inMatabeleland visited each small village and surveyedpossible grave sites to produce a list of victims. Whilenot forensic experts, these NGOs collected the initialinformation necessary for a future investigation .

Similarly, in the Philippines, we have w orked with alocal NG O called FIND (Families o f the Vict ims o f In-voluntary Disappearance). Before our arrival, theydocumented 1,661 cases o f disappearances over thelast 30 years. They visi ted regions w here the disap-pearances happened, such as Camarines Norte, Bicol,Negros Occidental and Mindanao , and marked on amap the grave sites pointed out by the local popula-tion. As a result, when we arrived we had a map withthe distribution of the graves and information abouteach case . W e collaborated with the invest igativeteam of FIND to analyze the in formation , helpedthem develop a ne w data form for collect ing andimproving the in formation and w orked with themon developing ne w forms for collect ing addit ionaldata.

The data forms are crucial. Forensic investigation in-volves a great deal of specific information that a lay-person may not kno w to ask about . Since forensicspecialists o f ten w ork to identify bodies and match

them to description of people who have disappeared,forensic anthropologists have designed detailed pre-mortem quest ionnaires to help in the collect ion o fin formation .4 (A sample form is included at the endof this notebook .) These questionnaires not only in-quire about the events surrounding the person’s deathor disappearance , they also gather as many physi-cally descriptive details data about the person as pos-sible , from birthmarks to sizes o f clo thing to le f t orright-handedness. Family members are asked to de-scribe the shape of the bone structure , their beardsand eye color, and any other details they can remem-ber. Q uest ions about the person’s li festyle—such ashow much and what the person smoked , what he orshe did for a living and a w oman’s to tal number o fpregnancies—can provide additional clues. Data mustscrupulously be collected about every accident andmedical event in the person’s history, for even cer-tain apparently mild diseases can leave identifyingtrails in the vict im’s body. Information about bonefractures and their medical treatment can help iden-tify someone , and dental history is o f vital impor-tance . If dental records are not available , familymembers’ descrip tions o f the shape o f the vict im’steeth , the knowledge of a cavity, a fractured tooth ,or more complicated treatments all yield useful evi-dence . Blood samples from rela tives are crucial foridentification, because when there is not enough pre-mortem data , the genetic analysis o f the blood andthe recovered bones can confirm or refute a victim’sidentity.

Similarly, there is a need to collect geographical datafrom witnesses to a burial, as this can help identifythe location o f clandest ine cemeteries and hastenthe painstakingly careful processes of exhumation .

The data collection process can be a truly joint ef fortbetween the local community or human rights groupand the forensic specialists. When forensic specialistscan first train them in exactly what to ask , the NGOscan w ork in the community and e f fect ively collectthe data needed .

E) GATHERING TOGETHER AMULTIDISCIPLINARY TEAM OF PROFESSIONALSForensic investigations require the assistance of pro-fessionals with diverse skills w ho can w ork with thehuman rights NGO as consultants, as part of the uni-versity system or in other capacities. The most impor-tant professionals for this type of investigation are:! computer experts, who can assist in creating da-

tabases that process and correla te data! lawyers, who can take a case to the tribunal and

introduce independent forensic experts! social anthropologists, who can evaluate the char-

acteristics of a community and interview the fami-lies

! forensic anthropologists, who can carry out theexhumation o f a grave and try to identify therecovered remains

Uncovering Evidence 15

! forensic doctors, w ho can establish w hether abody sho ws signs o f torture and ho w a persondied

! psychologists, w ho can o f fer counseling to sur-viving victims and families

F) INTEGRATING THE INVESTIGATION WITHBROADER HUMAN RIGHTS OBJECTIVESA good example of the integration of all these disci-plines can be seen in the work of the Foundation forForensic Anthropology of Guatemala (FAFG), an NGOthat has been working since 1992 to investigate massgraves in the country.

The NG O CO N A VIGU A (National Council o f Guate-m a l a n W i d o w s) a s k e d F A F G f o r a ss is t a n c e .CO N A VIGU A knew the local people and the vict imsin the communities and had developed with themthe relationships needed for collecting information .F A FG collected the data , w hich w as entered in to adatabase created for F A FG with the help o f com-puter experts. A t the same t ime , a la wyer fromCONAVIGUA went with villagers to present the caseto the judge and asked for an exhumation . A psy-chologist and a social anthropologist coordinated withCONAVIGUA to initiate a series of visits to the villagewhere the exhumations were planned . A f ter severalmeetings, and with the authorization of the judge ,the forensic anthropologists exhumed the grave, ana-lyzed the remains and worked to identify the victims.

As a result of this process, some families learned aboutthe final resting place of their loved ones and laid torest years o f anguish . CO N A VIGU A helped its mem-bers in need . Finally, CONAVIGUA and other humanrights NGOs used the information uncovered by theinvestigation to support broader campaigns trying toconfront deep-seated impunity in Guatemala andpromoted prosecutions for past viola tions and re-forms to prevent their repetition in the future .

G) DISSEMINATING INVESTIGATION RESULTSThe truth serves both the victim and the judicial pro-cess. However, when there has been a history of sys-tematic human rights abuses, the truth uncovered inhuman rights invest igations should also serve thebroader object ive o f transforming socie ty. The pro-cess of education for human rights is vital to this pro-cess.

Sta tes have frequently tried to delegitimize humanrights groups and victims by labeling them “subver-sive , ” “ polit ical, ” “ biased ” or even “crazy. ” The le-g i t i m i z i n g i m p a c t o f a sc i e n t i f ica l ly cr e d i b l einvestigation can play a vital role in public education.Both human rights groups and the national educa-tion system can build the results o f such invest iga-tions into their public education, countering the yearsof discrediting publicity that victims have had to en-dure.

The scientific credibility of the process also allows hu-man rights groups to reach out to people and groupsw ho might previously have been reluctant to takehuman rights issues seriously and to create new alliesfor the struggle against impunity.

This process o f disseminating in formation can takeall o f the many avenues that NGOs have at their dis-posal. NGOs may choose to use the media , to createpublications and other art forms aimed at diverseaudiences and to build bet ter contacts w ith o f f icialand private educational systems. The overriding goalis to ensure that these histories become a part o fsociety’s memory and offer compelling lessons for thefuture .

Challenges for the NGOThe successful implementation o f a program of fo-rensic investigation by a human rights NGO involvesa series of medium- and long-term challenges:

Satisfying the needs o f the rela tives o f the vict imsand their communities. Very o f ten the needs andexpecta tions o f the vict ims are not completely un-derstood by the NG O . For example , the desire forjustice is not always the highest priority for a family.They may be afraid of the consequences of bringingthe perpetra tor to just ice . The NG O , on the otherhand , has w ith a wider perspect ive with more far-reaching goals and may see this objective as the mostfundamental.

In other cases, a village a f fected by disappearancesand killings may be marginalized and suf fering eco-nomically. The arrival o f an NG O from the ci ty maycreate expectations not only of the exhumations, butalso for reconstruct ion , jobs, food and economicgro w th . NG Os must be prepared for conflict ing ex-pectations.

Making sure that isolated communities have a voiceand a presence in the national and international con-text. Most human rights violations are committed inisolated communities. An NGO , big or small, providesa channel for local communities to express their ideas,feelings and needs to a wider audience. When foren-sic w ork takes place , the results as well as the needsof the af fected communities must be shared in orderto have a stronger impact .

Funding a forensic project . W hile some forensic in-vest igations are large , t ime-consuming endeavorsthat are supported by o f f icial bodies and have thefunds to employ multiple outside experts, this canhardly be said for the majority o f invest igations. In-deed, it has created the perception among some NGOsthat forensic investigations are prohibitively expen-sive . In reality, however, forensic work is not intrinsi-cally more costly than other investigations. Much ofthe w ork can be done by the sta f fs o f the organiza-

16

t ions taking on the project . The use o f outside ex-perts does not have to be more cost ly than the sala-ries o f other human rights workers.

The basic equipment required for the most technicalaspect o f the invest igation—the exhumation o f agrave and analysis of the remains—is inexpensive andcan be bought in a normal hardware store . Depend-ing on the condition of the bodies, further work mightbe done in a local mortuary or a hospital. The key isto have a forensic specialist to guide the e f forts. InEthiopia , for example , we investigated several massgraves, primarily using hammers, plastic bags, shov-els and trowels. The recovered bodies were analyzedat the mortuary o f the Red Lyon Hospital in A ddisAbaba.

Genetic analysis is probably the most expensive toolin this kind of invest igation , since the technology istime-consuming and few labs have to capacity to dothe work . EA AF is urging governments to make thisanalysis more available and a f fordable for humanrights investigations. In general, however, a forensicproject can be init ia ted with a modest amount o ffunds—just as with other initiatives.

Finally, some forensic investigations really are long-term projects. These projects o f ten involve multipleinvestigations where there is a great deal of abusivehistory to uncover—a national transition, for instance.In such cases, i t is important to build a sustainableproject with ongoing , long-term capacity. While thisdoes require expertise in securing project funds, thestability of a long-term project can increase the cred-ibility of the NGO in the eyes of donors, the judiciary,politicians and, of course, the victims.

Recommendations for officialtribunals or truth commissions5

The experience o f forensic human rights invest iga-tion has of ten focused on special tribunals and truthcommissions. M any o f the same points mentionedabove , ho w ever, are also relevant for these inst itu-tional short-term processes. Based on our experienceworking in and advising many of these initiatives, webelieve their e f fect iveness w ould be improved bydoing the following:! Improve the relationship between families of vic-

tims and forensic teams.! Support families’ right to truth by (1) giving them

access to investigation sites, (2) in forming themin advance of possible outcomes, (3) taking theirconcerns into account and (4) providing them withthe results.

! Seek family approval before exhumations.! Create mechanisms to continue the recovery and

identif ication process a f ter the mandate o f atemporary commission or tribunal ends. M osttemporary inst itu tional t imelines are far tooshort for exhumations o f all the vict ims to be

completed . But families have the right to locateand identify those remains.

! Improve contacts between forensic experts andlocal judiciaries.

! Improve access to DNA analysis.! Protect possible killing and burial sites.! Preserve crucial evidence and forensic reports for

possible ongoing or future investigations. Humanrights invest igations do not alw ays achieve jus-tice immediately. With new international mecha-nisms and polit ical change , old cases can bebrought back to trial, so vital evidence must bepreserved .

! Create witness and in former protect ion pro-grams.

! Provide counseling or psychological support forpersons who testify and for families and friendsof victims before, during and after exhumations.

! Provide counseling or psychological support forsta f f members w ho receive test imonies.

! Promote the incorporation of in ternational fo-rensic protocols for human rights investigationsinto domestic criminal procedures.

! Maintain contact with local human rights organi-zations.

Creating local teams and traininglocal forensic expertsIn countries w here massive human rights viola tionshave occurred and forensic work is needed , it is vitalto reinforce existing forensic units and help train newlocal teams. In most o f these countries, the w ork o fidentifying victims takes decades. International teamswill usually spend only a limited amount of time dur-ing each mission, and only for a few years. A nationalteam can dedicate itself full-time to this work .

In many of the countries in which we work , forensicsciences are undeveloped or almost nonexistent, andin most o f them , the use o f archaeological and an-thropological techniques is unheard o f . The use o fphysical evidence in court is generally limited , andmost test imony is oral. Therefore , by rein forcing orcreating a national forensic team , there is usually animprovement in criminal procedures and in the ruleof law.

National teams that serve the vict ims’ families andtheir communities are more e f fect ive than in terna-tional experts. They speak the same language , arefrom the same culture , have lived through similarexperiences and often have a strong commitment toimproving the rule of law in their countries. Nationalteams were successfully created in 1989 in Chile andin 1992 in Guatemala . This demonstra tes that evenin small and very poor countries, it is possible to de-velop the expertise to build e f fective teams.

Uncovering Evidence 17

ConclusionThe scientific documentation of human rights viola-tions is a powerful tool in the fight against impunityand the search for truth and just ice . For vict ims andcommunities who have lost loved ones and receivedfew real answers from official sources, the possibilityo f exhuming a grave and f inding the remains o f achild , or discovering w hether a family member w astortured while in prison, can bring some relief to theirextended anguish. A t the same time it is a importantstep towards bringing the perpetrators to justice .

There is no time limit on the search for loved ones. InArgentina , 28 years a f ter the killings, the rela tivesand even the younger generations keep looking forthe graves. In Indonesia, elderly relatives still remem-ber and ask to find the bodies of those killed in 1965.In Spain, the relatives of those killed during the 1930scivil war and ensuing Franco dictatorship are now ex-huming graves, more than 65 years af ter the killings.

Science should not be an isolated field of knowledge,kno w n only by “ experts” or prosecutors. Rather, i tmust serve the victims and provide our global societywith the real stories o f those w ho died needlessly.NGOs can use science to pursue their broader missionof promoting and protecting human rights, maximiz-

ing the quality o f their invest igations and bringingsolace to victims, relatives and communities.

A f ter w orking in more than 32 countries w e haveseen that , in spite o f amnest ies or polit ical calls forreconcilia t ion , w hat the rela tives and communitieswant is truth , reparation and justice , and to this endscience can play a central role in achieving that .

NOTES1 Mercedes Doretti and Clyde C. Snow. “Forensic Anthropol-ogy and Human Rights: The Argentine Experience,” in HardEvidence: Case Studies in Forensic Anthropology by Dawnie WolfeSteadman (ed.), Prentice Hall.

2 Doretti and Snow.

3 For example, Fundación de Antropología Forense de Guate-mala (fafg@fafg.org).

4 For the full questionnnaire, write to eaaf@velocom.com.ar.

5 Mercedes Doretti and Luis Fondebrider. “Perspectives andRecommendations from the Field: Forensic Anthropology andHuman Rights in Argentine.” Presented at the 56th Annualmeeting of the American Academy of Forensic Sciences, Dallas,2004.

18

Useful ResourcesAPPLICATIONS OF FORENSIC ANTHROPOLOGYDoretti, Mercedes and Luis Fondebrider. “Perspectives and

Recommendations from the Field: Forensic Anthropologyand Human Rights in Argentina.” Presented at the 56th

Annual meeting of the American Academy of ForensicSciences. Dallas, 2004.

Doretti, Mercedes, Luis Fondebrider, Patricia Bernardi, andAnahi Ginarte. “Kotebe Ar-chaeological Report.” SpecialProsecution Office of Addis Ababa, Ethiopia.

CONADEP, The National Commission on Dis-appeared People.Nunca Más. London: Faber and Faber, 1986.

Scott, Douglas. “Firearm Identification of the El Mozote Ex-ecution Site.” New York: United Nations Truth Commis-sion for El Salvador, 1993.

Simpson, J., and J. Bennett. The Disappeared and the Mothersof the Plaza. New York: St. Martin’s Press, 1985.

Snow, Clyde C., and M. J. Bihurriet. “The epidemiology ofhomicide: Ningún Nombre burials in the Province ofBuenos Aires from 1970 to 1984.” Human Rights andStatistics: Getting the Record Straight. Ed. T. B. Jabineand R. P. Claude. Philadelphia: Univer-sity of Pennsylva-nia Press, 1992.

BOOKSJames, S. J. Forensic Science, an introduction to Scientifique

and Investigative Techniques. Ed. J.J. Norrdby. CRCPress, 2003.

Rieff, D. Crimes of War: What the Public Should Know. Ed.Gutman, R. W.W. Norton, 1999.

Stover, E. and Peress, G. The Graves: Srebrenica & Vukovar.Zurich: Scalo, 1998.

ARTICLES IN BOOKSDoretti, M. and C.C. Snow. “Forensic Anthropology and Hu-

man Rights: The Argentine Experience.” Hard Evidence:Case Studies in Forensic Anthropology. Ed. D.W.Steadman. Prentice Hall, 2003.

Doretti, M. and L. Fondebrider. “Science and human rights -Truth, justice, reparation and reconciliation: A long wayin Third World countries.” Archaeologies of the Contem-porary Past. Eds. V. Buchli and L. Gavin. London:Routledge, 2001.

Haglund, W. D. “Recent mass graves: An introduction.” Fo-rensic Taphonomy Advances. Eds. W. D. Haglund and M.Sorg. CPR Press, 2001. 243-262.

JOURNAL ARTICLESKirshner, R.H. and Hannibal, K. E. “The Application of the

Forensic Sciences to Human Rights Investigations.” InMedicine and Law 13 (1994): 451-460.

Snow, C. et al. “The investigation of the human remains of the‘disappeared’ in Argentina.” American Journal of Medi-cine and Pathology 5(4) (December 1984): 297-9.

Stover, E. and R. Shigekane. “The missing in the aftermath ofwar: When do the needs of victims’ families and interna-tional war crimes tribunals clash?” Magazine of the ICRC,84 (December 2002).

CONFERENCESCaddy, B. “Training and Education of the forensic professional

for the new millennium,” II Regional Course on ForensicPhysics. Bariloche, Argentina, 2001.

Steadman, D. W. and W. D. Haglund. “The anthropologist/archaeologist in international human rights investigations.”Paper presented at the Annual Meeting of the AmericanAcademy of Forensic Sciences, Seattle, Washington. Feb-ruary 19, 2001.

UNITED NATIONS DOCUMENTSManual for the Prevention of Extra-Legal, Arbitrary and Sum-

mary Executions, ST/CSDHA/12 – 1991.Guidelines for the Conduct of United Nations Inquiries into

Allegations of Massacres, DPI/1710, 1995.

RESOURCES ON THE INTERNETAmerican Academy of Forensic Sciences

www.aafs.orgICRC Project: The Missing

www.themissing.icrc.orgArgentine Forensic Anthropology Team

www.eaaf.orgPhysicians for Human Rights

www.phrusa.orgHuman remains: Forensic sciences & ethics

A workshop on the application of forensic skills to thedetection and documentation of human rights violations(Durban, South Africa, July 3-5, 1998)www.web.amnesty.org/ai.nsf/index/ACT750121999

Uncovering Evidence 19

Questionnaire for Burial SitesUse one form for each graveDate: Place:

Name of the person taking the information:

Name of the witness:

Address of the witness:

Important questions to address before filling the formDid the witness participate in the burial?

Did the witness see the moment at which the body was buried?

Did the witness see the grave after the body was buried?

Did someone tell the witness that there was a person buried in the grave?

1) Name of the city/village and state in which the burial site is located, and date of the inhumation:

2) Location of the burial site (i.e. at the local cemetery, at a factory, on barren land or close to a military base, etc.):

3) Do we have the exact or approximated location of the burial site? Please describe the location as precisely as possible anddraw a map or sketch of the burial site. Include GPS position if possible. Try to identify “reference objects” (an old tree, a wall,etc.)

4) Do we have eyewitnesses of the burial of the bodies? If yes, describe in detail how it was done: who brought the bodies; howwas the grave dug; did the eyewitnesses participate in the burial; are the witnesses related to the victims, and if yes in whatway (relatives, neighbors, friends, members of the same political party, union, church, etc.).

5) Type of grave: individual or multiple (more than one):

6) Dimensions of the burial site (approx.):

7) Depth of the grave (approx.):

8) Were the victims killed at the same place or close to the burial site, or in a different place with their bodies later dumpedinto the grave.

9) Features of the terrain: dry, wet, covered with water, grass, bushes, trees, rain season, etc.:

10) Information about the victims

a) Number of victims (specify whether it is the exact or an approximated number)

b) List of the names of the victims, and please specify if:

You are sure of the names, or if there is a suspicion of the names of the victims, or if you don’t know the names butyou know they belonged to a particular political, social, religious, etc. organization.

c) Are the relatives of the victims available? Please indicate the names of the victims’ relatives who can be contactedfor pre-mortem information

11) Alleged cause of death:

12) Reason why this burial site was selected to be exhumed (legal purposes, quality of the information, etc.):

Observations:

The Center for Victims o f TortureNew Tactics in Human Rights Project

717 East River RoadMinneapolis, MN 55455

w w w.cvt .org / cvt@cvt .orgw w w.newtactics.org / newtactics@cvt.org

To print or download this and other publications in the Tactical Notebook Series,go to www.newtactics.org.

Online you will also find a searchable database of tactics andforums for discussion with other human rights practit ioners.