Forensic Sciences in Libya and Mass Grave Mvestigation
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CHAPTER 36 Forensic sciences in Libya and mass grave mvestigation Amin Attia Alemam Libyan Sodey of forensic Odontologv. University ofBenghazi, Benghazi. Libya Introduction In the field of criminal investigations, there were Libyan instïtutions that had already been created during Forensic archaeology is not a recognised discipline in the period of the monarchy (1951—1969) of King Idris T, Libya, although much archaeological, anthropological for example, the National Centre of Legislative and (ai jSm) and forensic expertise is present in the country. Recemly, Criminal Research (Mshawari with the vork of a nuinber of scientists and the fali of 2012). The Centre was founded in 1964. It inciuded six the previous regime, the investigation of mass graves branches distrihuted over six different areas: Tripoli, and the training and formation of the judicial and secu Benghazi, Sabha, the Green Mountain, Sehratah and rity forces has been undertaken. The excavation of clan the West Mountain Branch. It was concemed with all destine graves bas slowly been carried out and with the the legal issues that needed specialist investigation in increase presence of forensic scientists, albeit the lack of different fields, forensic sdences among them. forensic archaeologists. This chapter summarises the In 2002 its name was changed from the Centre of judicial system and the attempts to use forensic disci Expert Witnesses to the Court of Laws and Research and plines in mass grave investigation in Libya. Recently, the It becarne more organised, with a presence of international organisations bas also high separate forensic medicine department. The last available lighted and introduced the role and work of forensic statistics for the number of cases in this department archaeology, and training is under way to promote the were for 2005, when 15,6 16 cases required examination value of the discipline, at least at the moment in rnass (clinical cases): 12,979 cases were I)rOcesSed in that grave investigation. year, which represented about 83% as a percentage of completion. Statistics show that the highest numbers of cases were recorded hy the Benghazi branch with 7897 Background on the Libyan political cases, which reprcsents half of the total nuinher (50%), and criminal justice system while the Tripoli branch took second place in terrns of caseload, with 5503 cases. Libya was a country based on the views, instructions The first officially recognised Libyan specialist in and beliefs of one person after the Libyan Constitution forensic sdences was Dr Fawzi Benomran. As noted was no longer in effect from 1977. Colonel Qadhafi (c. by Benomran (forensic Pathotogy in Libya, Personal 1942—2011) replaced the Constitution after taking Interview/Personal Comment, 7 May 201 3, Derna, power with his Green Book and with what he called the Libya), he was the first forensic pathologist in Libya. Iie People’s Declaration of 1977 (DPADM 2004). During held the post of Director of the Centre of Expert Qadhafi’s regime, which lasted for 42 years (1969— Witnesses to the Court of Laws and Research, and 201 t), the Ministry of Justice and National Police expe the Head of Department of Forensic Medicine and rienced widespread corruption. The majority of security Toxicology at the Faculty of Medidne of Bengbazi institutions were deliherately destroyed throughout that University until July 1997, when lie left Libya for a job period. However, there were a numher of security orga in Duhai, United Arab Emirates. Prior to I)r Benomran’s nisations that had authority and provided a high stan involvement, all forensic spedalists at the Centre were dard of facilities. This was because they were strongly expatriates from different nationalities (e .g. Egypt, supported, as they were originally founded mainly for India, Poland and Bulgaria). However, Libya stijl has a protection purposes and for internal and external inves shortage of experts in the field of forensic investigation, tigations for the benefit of that regime. where the domestically available specialties are restricted Forensic Archacologv: A Gtohal Perspective, first Ediüon. Edïted by W,J. Mike Groen. Nicholas M1rquez-Grant and Roben C. Janaway. © 2015 John Witey & Sons, Ltd. Published 2015 by John Wiley 6- Sons. Ltd. 301 302 Africa, Asia and Oceania features to one main forensic science — forensic pathology. Only skeletons retrieved from 68 archaeological 0 four forensic pathologists currently hold a PhD, while (Mattingly 2010). Recently, archaeologists have uncov •IJ a some other sciences are completely absent, such as ered 20 Stone Age skeletons in and around a rock forensic anthropology, forensic archaeology, forensic shelter in Libya’s Sahara desen. A new programme of odontology and forensic entornology. There are a few territorial study was launched in the area of Wadi tl forensic toxicologists, and, Jastly, since the revolution, Takarkori, which is located in southwestern Lihya on Algeria in a strategic position between there are now two specialists in forensic genetics, in the border with p DNA profiling and DNA fingerprinting respectively. the Tassili and the Acactis Mountains. As pan of the t’ There are currently two forensic rnedïcine depart activities of the archaeological inission in the Sahara, a ments at Libyan Universities. The first one is in the team from Sapienza University in Rome was supponed b the chairman School of Medicine at the University of Benghazi, by Lïhya and led by Dr Salah Agab who is a’ in Tripoli (Lernia and which opened in 1974, and the second is in the School of the Department of Antiquities cc of Medicine at the University of Tripoli, which opened Tafuri 2013). VS in 1978. Both have an academie teaching function Diie to its strategie location and large surface area, h (Benomran 2013). about 1.8 million km2, I.ihya has heen strongly char d The lacilities and equipment inside the forensic acterised hy its history and archaeology. for inillennia departments in the justice and education sectors are still Libya has been a land of very different civilisations, 2 conventional and very simple. This shortage was very including Greek, Roman, Islarnic, Ottoman and Italian apparent during the liberation war in 201 1. colonialism, as well as its original history as an African country. Therefore Lihyan scientists helieve that in T Lihya many archaeological discoveries are possible. t’ in nature and Status of forensic archaeology Although this example is ar-chaeological S( in Libya nt)t forensic, it illustrates and eml)hasises that there are d many experienced and qualified archaeologists and d There are no forensic archaeological specialists in Lihya anthropologists in Libya whose skills should not be f at the moment. However, there are regular archaeolo undervalued for forensic and/or criminal investigation ti gists present in Lihya with experience in the excavation in the future. A of (mass) graves. Since Soine of the excavated archaeo ct logical human rernains are mummified, archaeological it excavation experience could also be of use during Identification process during N forensic investigation of (rnass) graves. the Libyan revolution II There have heen a nuinber of discoveries made hy T Libyan archaeologists of faunal and human skeletal The early days of the Lihyan revolution (fehruary 2011) in the area of identification for remains. for instance, five mummies were discovered in clearly showed a deficit VS 1995 at El-Jaghbub by Dr Fadel A. Mohamed, Advisor the rebels’ unidentified bodies, hut a great effort was to the State for Antiquities and lecturer at the University made and is still being made locally, in an attempt to of Omar al-Mukhtar. First he found weil-preserved compensate for this lack of identification of the victims, human remains in the area and when he sent samples despite the absence c)f subspecialties and unavailable to France for radiocarbon tests, the results were dated facifities. The Centre of Expert Witnesses to the Court between 196 BC and AD 126 (Mohamed 2007). There of Laws and Research in Benghazi, under the auspices have been a numher of other discoveries made by inter of the Libyan Ministry of Justice at the beginning of national individuals and organisations, such as a child’s the revolution, was one of the official institutions mummified body which was discovered in 1959 inside that belonged to the National Transitional Coundi the Uan Muhuggiag cave in the Libyan desert by when the east of Lihya was liberated on Professor Fabrizio Mori. A two and a half year old child the revolution’s sixth day. While the other parts of the was found bound in animal skin, and this skin has been country were not yet liberated, the forensic melline radiocarbon dated to be between 3275 and 3635 years department of this centre was responsible for dealing BC (Aufderheide 2003). Another example is the skeletal with all the different cases of the victims on the Eastern rernains of two individuals who were eanhquake vie Front, VSïth a restricted forensic team and a lack of fadil tims during Emperor Gallinus’s fifth consulship in AD ities. The team consisted of four forensic pathologists and and one dentist. All memhers were official staff of this 262, exhumed from the Sanctuary of Demeter Fi Persephone at Cyrene, bv the University of Pennsylvania centre except for the dentist. as he was a volunteer dur ir Museum of Archaeologv and Anthropology hetween ing that period. f( 1973 and 1981 White 1990. Moreover, human osteo Unidentified bodies presented with different injuries logical material was excavated by C. M. Daniels and and even if they had dear body and facial features they i housed at the Jarma museum. This consists of 56 human sometimes could not he identified hecause of an absence n bi. Forensic sciences in Libya and mass grave investigation 303 of ID. furtherinore, if there were no relatives who asked forces, the outcorne unknown.