6. - International co-operation
The growth in international travel that has occurred in recent years will undoubtedly
continue, and this will considerably increase the likelihood of foreign nationals
being involved in disasters whether they be natural, caused by man or caused by
failures in technology. Land, sea and air transport are undoubtedly the sectors
where the risks are greatest but, whatever the cause of the disaster, there will
almost certainly be an ensuing need to identify victims and an expectation that
this will be done in each and every case. The identification of victims and investigation
of the cause of the incident will generally be within the jurisdiction of the
country in which the disaster occurred, but may directly affect nationals or residents
of other countries and be affected by the legal systems of those countries.
In the case of aircraft disasters, for example, the country in which the aircraft
was registered will become involved, as will the country where it was manufactured.
As a result ICAO Contracting States have agreed upon certain minimum standards
and procedures in respect of technical investigations, and these are accepted
by all the countries and agencies concerned. Additional recommended procedures
are also included in various international agreements. If these agreements did
not exist, each country with an interest in the case would have to re-investigate
the incident to its own required standard.
However, no such international standards or agreements currently exist in respect
of the identification of disaster victims. One consequence of this can be doubt
in one country about the conclusions reached in another country. Such doubts
are often unfounded, but it must be acknowledged that, on occasions, there have
been incorrect or no identifications as a result of using unsatisfactory methods.
Distrust may also arise if insufficient documentary evidence is made available
after the event as proof of identification. Some countries have therefore felt
obliged to carry out - or perhaps duplicate - the identification processes,
using their own systems and resources; that could have been avoided had agreed
standards been in force.
The identification of a foreign victim cannot always be achieved without the
co-operation of the authorities of that persons home country. Information
about a missing person is essential but, if the person's own country's authorities
do not have confidence and trust, they may withhold information and retain material
for their own later use. There have been extreme cases where all material has
been withheld. This will clearly seriously hamper the identification process:
citizens of foreign countries involved in a disaster may remain unidentified,
and the accurate identification of other victims may also be compromised.
| 6.2
Liaison between member countries |
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The following
recommendations endeavour to ensure:
- smooth and efficient co-operation, either through Interpol or directly
between member countries, in the identification of victims;
- the basic human rights of victims and next-of-kin with regard to accurate
identification whenever possible, irrespective of the origin of the deceased.
| 6.3 - International Identification Standard
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| 6.3.1 - Responsibilities of the Interpol
General Secretariat |
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It is recommended that the General Secretariat, under the authority of the
General Assembly, should:
(1) Maintain a Standing Committee on Disaster Victim Identification responsible
for:
- recommending measures for improving identification procedures and
international co-operation in the identification processes,
- recommending improvements to, and the updating of, the Interpol Disaster
Victim Identification Forms and Guide, as experience is gained and new techniques
are discovered,
- updating and circulating recommendations on methods, procedures and
Disaster Victim Identification documentation to member countries;
(2) Encourage member countries to accept and apply the Standing Committees
recommendations;
(3) Remind member countries of Resolution AGN/65/RES/13 (Appendix D) when dealing
with incidents involving foreign nationals;
(4) Ask for reports on the identification processes which took place after all
known disasters in member countries;
(5) Publish annual reports on disasters and keeps computerized records of such
information to be made available - on diskette or by other means - to all member
countries upon request.
| 6.3.2 - Responsibilities of Member Countries |
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In preparation for circumstances where disaster victim identification might
be required, each member country is advised to take the following steps.
(1) Establish a Disaster Victim Identification Liaison Team affiliated to its
National Central Bureau (NCB) and comprising a police officer, a forensic pathologist
and a forensic odontologists whose names should be circulated to all member
countries on a list kept up to date by the General Secretariat. The members
of this team should:
- be familiar with the Interpol disaster victim identification procedures,
forms and recommendations,
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- be responsible for all contact, via Interpol if necessary, with the
NCB of a country in which a disaster has occurred,
- be responsible for providing ante-mortem information on the Interpol form
in an Interpol language, and for transmission of the form to the relevant
countrys Disaster Victim Identification Team,
- be responsible for the transmission of all identification evidence
to the country concerned,
- ensure that, if a disaster occurs, their own regional and national
authorities are informed of the procedures described in the Interpol Disaster
Victim Identification Guide, including these recommendations.
(2) Establish a multidisciplinary Disaster Victim Identification Team (police
officers, forensic pathologist, forensic odontologist, etc.).
- advise and assist the local police when a body or bodies are found which
cannot rapidly be identified by someone who knew the missing person or persons
and when circumstances suggest that identification may be difficult,
- assist with disaster victim identification operations in another country.
6.3.2.1 If a disaster occurs on their territory, member countries should
take the following action:
- immediately assume responsibility for identification,
- notify all other countries whose citizens may be involved via Interpol,
- obtain ante-mortem details on the Interpol Disaster Victim Identification
Forms,
- accept assistance from disaster victim identification personnel from
countries whose citizens are involved,
- make permanent evidential records of disaster victim identification
material and data, and offer other countries disaster victim identification
personnel an opportunity to examine such records and material,
- offer assisting Disaster Victim Identification Teams the opportunity
to give their opinions on the identification of their citizens,
- allow assisting Disaster Victim Identification Teams to examine physical
evidence pertaining to the identification of their fellow citizens,
- record all identification evidence on Interpol Disaster Victim Identification
forms,
It is also strongly recommended that they:
- invite disaster victim identification personnel from other countries
whose citizens are known to be involved, or if the task of identification
is likely to be particularly difficult,
- allow assisting disaster victim identification personnel to visit and
examine the incident site,
- allow appropriate visiting disaster victim identification experts to
take part in or witness post-mortem examinations and subsequent data comparison,
- ask assisting disaster victim identification personnel to sign identification
documents,
- provide opportunities for disaster victim identification personnel
from other countries to attend as observers, in order to gain experience.
6.3.2.2 Member countries whose citizens are missing in a disaster should:
- promptly answer all requests for information and assistance from the
country on whose territory the incident has occurred,
- immediately notify the relevant country when their nationals are reported
as potentially involved,
- rapidly provide full ante-mortem information on their missing citizens,
including fingerprints, DNA samples, X-rays, dental records, etc., on
Interpol forms and in an Interpol language,
- provide disaster victim identification expert assistance and equipment
if requested,
- keep copies of any documents sent to another country,
- sign the identification documents completed by the country in which
the incident has occurred, seeking permission to do so if necessary.
Victims of
disasters may not all be citizens of the country in which the disaster occurs.
Whenever foreign nationals are or may be involved, the country dealing with identification
should rapidly establish and then maintain close co-operation with the home countries
of potential victims. It is preferable for a liaison officer from each of the
countries involved to be attached to the disaster victim identification operation,
for liaison purposes and to ensure that information is shared.
If a large number of victims are from a foreign country in which there is an
established Victim Identification Commission, greater assistance from that country
- in terms of expertise and equipment - could be sought. Although an expert
group from a foreign country will normally work under the authority of the country
inviting it to participate, there have been incidents in which the country dealing
with the disaster did not possess the required expertise and resources. There
have been cases where some or all responsibility for identification has been
delegated to the foreign group.
There are no international agreements on co-operation or the delegation of responsibility
for disaster victim identification. Member countries are therefore advised to
explore the possibility of one or more of their identification experts travelling
immediately to the country in which an incident has occurred when their citizens
are or may be victims. This would necessitate keeping a list of such experts
with particulars of personal data, passport numbers and expiry dates, vaccinations
and expiry dates, and photographs to facilitate visa applications. For each
key person, alternatives should be listed in case that person is not available
at the critical time. All those on the list must be prepared to travel at very
short notice, and the important questions of personal insurance and remuneration
on such occasions must be agreed on beforehand.
It may be possible for identification experts to be granted temporary diplomatic
status on such occasions or, in the case of a commercial aircraft accident,
be affiliated to a technical investigation commission for which international
regulations already exist (viz. the ICAO Standards and Recommended Practices,
Annex 13 to the Chicago Convention on International Civil Aviation).
Finally, the formation of one or more Interpol-approved International Identification
Commissions may be considered the best way of assisting a member country, or
other organizations such as the United Nations, whenever expertise and resources
for handling victim identification are scarce or where impartiality is necessary.
| Disaster
Victim Identification |
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