FORENSIC IDENTIFICATION OF HUMAN REMAINS IN BRIEF Ed Ou/ICRCEd INTRODUCTION The identification of human remains is important When a missing person is believed to be dead, for both legal and humanitarian reasons. This two complementary lines of investigation must document provides a brief overview for non- be pursued: experts of the scientific process by which • tracing the whereabouts of that person once human remains are identified. It does not set out he or she has been reported missing by his or guidelines or standard operating procedures her family or other reliable sources for carrying out forensic investigations, and • forensic identification of human remains. must not be understood as doing so. The ICRC recommends the use of standardized policies The forensic identification of human remains and procedures in all contexts, which should be is a legal determination (sealed by the developed by the pertinent authorities (courts, jurisdictional authority’s signature on a death investigators, medico-legal institutes, etc.). certificate) based on the scientific matching of information on missing persons with unidentified human remains. Identification Forensic identification of human requires a holistic approach that takes into remains generally involves three main consideration all available scientific and stages of investigation: contextual evidence. Each line of evidence • background research must be weighed and treated on its merits. The • recovery of remains scale of the identification project must also • laboratory analysis and reconciliation. be considered and the identification strategy adjusted accordingly. 2 Ed Ou/ICRCEd BACKGROUND RESEARCH Preliminary investigation is needed to Background research can draw from locate, assess, collate and organize all various sources, such as interviews or available information on missing persons written records. All information should and the whereabouts of human remains. This be thoroughly documented and the documents maintained in a central information can enhance the identification registry. process in a number of ways, for instance, by: • corroborating witness statements about where Oral sources (interviews) and when the missing person was last seen • family members • providing specific details for comparison with • witnesses characteristics noted on recovered remains • friends • helping investigators locate possible gravesites. • activists • dentists • doctors It is important to collect information pertaining • perpetrators to the person before he or she went missing. This • others information, called ante-mortem data (AMD),1 can be obtained from family members and Written records sometimes from close friends and colleagues. • legal reports AMD on a missing person generally include the • police and military reports/archives following types of information: • autopsy reports • general personal/social information (name, • fingerprint records • photographs age, home address, place of work, marital • death certificates status, etc.) • cemetery records • satellite photographs • press reports 1 The ICRC, in consultation with experts from around the world, has drawn • NGO reports up an Ante-Mortem Data (AMD) Collection form, available from the ICRC’s • other Forensic Services, [email protected]. 3 Witnesses can also be a source of information on missing persons, providing data such as: • circumstances of disappearance • information on the burial of remains • data regarding the discovery of remains from – demining activities – construction or agriculture – other accidental discoveries • third-party/hearsay information on graves. Ed Ou/ICRCEd • physical appearance (height, weight, eye Mistakes in the data-collection process may lead colour, hair colour, etc.) to problems in the identification process. • medical and dental history (fractures, diseases, missing teeth, dental crowns, fillings, etc.) The families and friends of missing persons are • distinguishing features (habits [e.g. pipe often the most valuable sources of background smoking], unique characteristics, like scars, information. Usually, family members will birthmarks or tattoos) have undertaken a great deal of research on • clothes and other personal items the missing their own, to uncover as much information as person was wearing or carrying when he or possible about the missing person, especially she was last seen if several years have passed since his or her • any circumstances related to the disappearance. While doing so, they sometimes disappearance. come across information about other missing persons (not related to them), the location of In addition, biological samples from the relatives burial sites, etc. of a missing person (and/or samples from the missing person acquired before his or her Any individual who was in contact with a disappearance) may be collected for use in the missing person is a potential source of vital identification process (see below). information. Although generally regarded as the first step in forensic investigation, background Persons without specialized forensic skills may research can begin at any time (although the collect AMD and biological samples, but they sooner the preliminary investigation begins, the must be trained in advance and should follow better) and should continue until the missing standardized procedures to ensure that the person is found or until his or her remains are data are complete, of high quality, and reliable. identified and returned to the family. 4 Boris Heger/ICRC RECOVERY OF REMAINS Proper recovery makes possible, Proper recovery and management of remains among other things: and associated evidence (e.g. clothes, personal • the recovery of all biological and belongings, and other pieces of evidence) are associated physical evidence for vitally important in forensic identification and assistance in identification can help clarify the fate of the person in question. • less mixing when the remains Ideally, forensic archaeologists should conduct of several individuals are found this process, especially when the circumstances together, at the same site of recovery are complex (clandestine burials, (“commingling”) mass graves, extensive surface scatter as can • identification of disturbed graves occur in plane crashes, etc.). Their specialized and differentiation between primary 2 skills and knowledge help ensure the proper and secondary burials • less post-mortem damage to the recovery of remains and the gathering of as remains much additional information as possible for • proper documentation of findings. use in identification and other related activities. Improper recovery of remains and disrespectful Note: Archaeological methods are handling can result in the loss of important data destructive and irreversible. Once and may be extremely traumatic for families, the recovery process is completed, and thus seriously undermine the humanitarian that site is lost forever. Therefore, it aims of forensic investigations. is critical that remains be recovered properly and procedures and evidence documented thoroughly. 2 A primary burial is the first place where remains were buried. A secondary burial indicates that the remains have been exhumed from at least one previous site. 5 Boris Heger/ICRC Broadly speaking, the recovery of remains methods and tools for finding them. However, involves three main phases: there is, as yet, no device for detecting bones. • locating the remains Often, the best information about the location • mapping the remains and the entire site and of remains comes from witness statements. documenting all relevant information • retrieving the remains properly, labelling Proper mapping and documentation make it them, and securing them for transport, which possible to re-create the site, should it be necessary can be particularly difficult if the remains are to return for any reason, and to create a physical of many different individuals. or ‘hard-copy’ map (and/or an electronic one) for evidentiary, archival and analytical purposes. Human remains can be found in any setting, Mapping and documenting data, and ensuring indoors (e.g. within buildings or amidst the their proper handling and management, are rubble of destroyed structures) and outdoors essential in the recovery process and should be (e.g. burial sites, on the ground, in watery carried out by trained individuals. surroundings, wells or caves). There are many 6 Boris Heger/ICRC LABORATORY ANALYSIS AND RECONCILIATION After the remains have been properly recovered, PMD may include the following types of they should be sent for laboratory analysis and information: reconciliation, which involves answering five • general information about the remains (age main questions: range, sex, height, etc.) • Are the remains human or non-human? • medical and dental facts including unique • Are the remains related to the conflict/ characteristics of the remains (signs of disaster/situation in question? old bone fractures or evidence of surgery, • How many individuals do the recovered condition of the teeth and presence of any remains represent?3 dental work such as fillings, etc.) • Who are they? What are their IDENTITIES? • trauma and post-mortem damage to the • What is the cause of death?4 remains (both intentional and accidental) • fingerprint information The first step in laboratory analysis and • DNA data reconciliation is preparing and examining the • clothes and personal items found with the remains. This must be done by specially trained remains experts (forensic pathologists, anthropologists,