FDNAPI Wiki - User contributions [en]

Thailand

2014-02-04T18:33:22Z

31.51.137.141:

According to Interpol's 2008 survey, Thailand plans to establish a DNA database.

In 2012, a memorandum of understanding (MoU) was signed between Thailand Ministry of Justice and the US Federal Bureau of Investigation (FBI) to build a DNA database in Thailand. Thailand aims to collect and store DNA samples of all migrant workers and inmates, but cannot yet afford to analyse the samples.

Lobbyists Gordon Thomas Honeywell, who work with the FBI and US DNA testing firm Life Technologies, provided the draft legislation.

==Resources==

*External links
**[http://www.visetkaew.com/wp/2012/12/03/americas-fbi-will-help-thailand-build-a-dna-database/ Royal Thai Embassy Washington DC: America's FBI will help Thailand build a DNA database (3rd December 2012)]
**[http://www.gth-gov.com/images/PicturewithMinsterFBI.gif President of lobbyists Gordon Thomas Honeywell, Tim Schellberg and John Schachnovsky of the the FBI meet with Thailand Minister of Justice (Permanent Secretary), Dr. Kittipong Kittayarak to sign CODIS agreement]
**[http://www.thai-senate.com/senate_inter/upload-download/translation/show_file.php?id=169 DNA Identification Act of 2010 - Draft]
Also available in [http://thai.senate.go.th/senate_inter/Connections/upload-download/translation/show_file.php?id=168 Thai]

*Press articles
**[http://www.nationmultimedia.com/national/Minister-backs-DNA-database-30218179.html The Nation: Minister backs DNA database (29th October 2013)]
**[http://www.nationmultimedia.com/national/Proposal-to-DNA-test-migrant-workers-panned-30218105.html The Nation: Proposal to DNA-test migrant workers panned (28th October 2013)]
**[http://www.bangkokpost.com/learning/learning-from-news/314923/dna-testing-has-its-limits Bangkok Post: DNA testing has its limits (1st October 2012)]
**[http://www.bangkokpost.com/news/local/323159/thailand-begins-building-dna-database Bangkok Post: Thailand to build DNA database (26th November 2012)]
**[http://www.subzerosiam.com/forum/showthread.php/38876-Thailand-now-building-DNA-database SubZeroSiam.com: Thailand now building DNA database (26th November 2011)]

Iraq

2014-02-04T18:15:02Z

31.51.137.141:

US and UK intelligence services have been building a database of DNA collected in Afghanistan and Iraq.

== Resources ==
* External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists training from the US to Iraq in DNA forensics.
**[http://www.ic-mp.org/icmp-worldwide/middle-east/iraq/ ICMP: Iraq]
* Press articles
** [http://www.wired.com/dangerroom/2011/12/iraq-biometrics-database/ Wired: U.S. Holds On to Biometrics Database of 3 Million Iraqis (21st December 2011)]
** [http://www.fas.org/blog/secrecy/2008/11/dna_database.html FAS Project on Government Secrecy: Joint Intelligence DNA Database Described (18th November 2008)]
** [http://www.ft.com/cms/s/0/30574726-b4fe-11dd-b780-0000779fd18c.html#axzz1DJH6xARi Financial Times: Fears over covert DNA database (17th November 2008)]

Ukraine

2014-02-04T18:13:02Z

31.51.137.141:

The 2008 Interpol survey reports that 176 crime scene DNA profiles and 1,723 individuals' profiles were held in Ukraine at the time of the survey.

== Resources ==
* External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists training from the US to Ukraine in DNA forensics.
** [http://www.councilforresponsiblegenetics.org/dnadata/Countries/UA.html Ministry of Internal Affairs of Ukraine: On the approved instructions for the operation of forensic records of the Service Ministry (15th October 2009)]
* Press articles
** [http://archive.mignews.com.ua/en/articles/360713.html MIGnews: Passports to contain DNA data? (10th July 2009)]

Mexico

2014-02-04T18:11:47Z

31.51.137.141:

Mexico wants to establish a DNA database for missing persons. It has created a DNA database of police officers.

== Resources ==
*External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists training from the US to Mexico in DNA forensics.
* Press articles
** [http://www.laht.com/article.asp?ArticleId=387850&CategoryId=14091 Latin American Herald Tribune: Mexico Sets up Police DNA, Fingerprint and Voice Pattern Registry (20th August 2012)]
** [http://www.ipsnews.net/2011/11/mexico-dna-databank-to-identify-missing-migrants/ IPSNews: Mexico Creates DNA Database of Migrants (3rd August 2012)]
** [http://ipsnews.net/news.asp?idnews=105760 IPS (Mexico): DNA Databank to Identify Missing Migrants (8th November 2011)]
** [http://www.reuters.com/article/2011/07/05/us-mexico-forensics-idUSTRE76445Z20110705 Reuters: Drug war bodies expose flaws in Mexican forensics (5th July 2011)]
**[http://www.infobae.com/2011/02/23/1019562-mexico-crea-una-base-datos-sus-policias-nexos-los-narcos infobae: Mexico crea una base de datos de sus policias por nexos con los narcos (23rd February 2011)] Mexico creates a database of their police (including DNA, fingerprints and photos) for ties to drug traffickers.
**[http://cronkitenewsonline.com/2010/10/pima-county-mexican-consulate-announce-shared-dna-database/ Cronkite News: Pima County, Mexican officials agree to share DNA databases (5th October 2010)]

Tanzania

2014-02-04T18:10:08Z

31.51.137.141:

Tanzania adopted DNA database legislation in 2009.

== Resources ==
*External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists training from the US to Tanzania in forensics.
**[http://sheriatanzania.blogspot.co.uk/2007/06/tanzania-kutunga-sheria-kuhusu-dna.html Sheria Tanzania Blog: TANZANIA KUTUNGA SHERIA KUHUSU DNA (7th June 2007)]
* Press articles
**[http://allafrica.com/stories/201203250089.html/ AllAfrica: DNA Reveals Family Infidelity (26rd March 2012)]
**[http://appablog.wordpress.com/2012/03/22/eac-to-establish-forensic-referral-center/ APO: East African Community to Establish Forensic Referral Center (23rd March 2012)]
**[http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401252_text Library of Congress: Tanzania: New Law on Human DNA (29th April 2009)]
** [http://english.people.com.cn/90001/90781/90878/6643677.html People's Daily Online: Tanzanian parliament passes DNA bill into law (23rd April 2009)]

Kenya

2014-02-04T18:09:03Z

31.51.137.141:

==Resources==
*External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists assistance from the US to Kenya to set up a state-of-the-art forensics laboratory.
*Press articles
**[http://allafrica.com/stories/201309271510.html AllAfrica.com: Kenya: Interpol to Assist in Westgate Raid Probe (27th September 2013)]
**[http://ucdavismagazine.ucdavis.edu/issues/sp11/csi_nairobi.html UC Davis magazine: Alumna launches East Africa's first private DNA testing lab and leads effort to create a crime-fighting database in Kenya]

Indonesia

2014-02-04T18:07:03Z

31.51.137.141:

According to INTERPOL, Indonesia is actively working to implement a National DNA database.<ref name="ftn1"> Personal communication with INTERPOL DNA Working Group.

</ref>

----
<references/>

==Resources==
*External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists US support to Indonesia to develop a DNA forensics laboratory.
* Press articles
**[http://www.cowraguardian.com.au/story/1874984/from-mulyan-kindy-to-international-forensic-dna-analysis/?cs=17 Cowra Guardian: From Mulyan kindy, to international forensic DNA analysis (30th October 2013)]

Colombia

2014-02-04T18:04:36Z

31.51.137.141:

Colombia's DNA database was introduced in 2008.

There is no specific DNA database legislation, although the Code of Criminal Procedure 2004 provides for the collection of samples.

==Resources==

*External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists training from the US to Columbia in DNA forensics and capacity building for identification of victims in mass graves.
**[http://www.ic-mp.org/icmp-worldwide/south-america/colombia/ International Commission on Missing Persons: Columbia]
**[http://www.icrc.org/eng/resources/documents/feature/2012/colombia-report-2011-missing.htm ICRC: Colombia: disappearance (18th March 2012)]
**[http://www.corteconstitucional.gov.co/relatoria/2005/C-1191-05.htm Corte Constitucional de Colombia (2005): articulos 249 y 250 de la Ley 906 de 2004]
**[http://www.secretariasenado.gov.co/senado/basedoc/ley/2004/ley_0906_2004.html Columbia: LEY 906 DE 2004]

*Press articles

==Detailed analysis==

Code of Criminal Procedure<ref name="ftn1"> <nowiki>Code of Criminal Procedure [Código de Procedimiento Penal], </nowiki>Diario Oficial No. 45.658 de 1 de septiembre de 2004, Arts. 14, 27, 245.

</ref> The provision directly providing for DNA analysis, Art. 245, is the subject of Decision C-025, 2009 of the Colombian Constitutional Court. Though the court upholds the majority of the provision, it restricts its application. Article, entitled DNA Tests Involving the Suspect or the Accused, provides in relevant part:

Cuando la policía judicial requiera la realización de exámenes de ADN, en virtud de la presencia de fluidos corporales, cabellos, vello púbico, semen, sangre u otro vestigio que permita determinar datos como la raza, el tipo de sangre y, en especial, la huella dactilar genética, se requerirá orden expresa del fiscal que dirige la investigación. Si se requiere cotejo de los exámenes de ADN con la información genética del indiciado o imputado, mediante el acceso a bancos de esperma y de sangre, muestras de laboratorios clínicos, consultorios médicos u odontológicos, entre otros, deberá adelantarse la revisión de legalidad, ante el juez de control de garantías, dentro de las treinta y seis (36) horas siguientes a la terminación del examen respectivo, con el fin de establecer su legalidad formal y material.

When the judicial police requires the accomplishment of DNA examinations, by virtue of the presence of corporal fluids, hair, pubic hair, semen, blood or another vestige that allows determining data like the race, the type of blood and, especially, the genetic digital track, will require express order of the public prosecutor who directs the investigation. If required tests comparing the DNA with the genetic information of the suspect or accused, through access to sperm banks and blood samples from clinical laboratories, medical and dental clinics, among others, must anticipate the review of legality, in the courts of security control within the thirty-six (36) hours after completion of the review concerned, in order to establish its formal and material legality.

<nowiki>The court held the “clause enforceable conditional statements . . . Magistrate Dr. Rodrigo Escobar Gil [writing for the court:] ‘. . . provided it is when the suspect is informed of the steps taken in the investigation stage prior to the formulation of imputation, is being investigated for involvement in the </nowiki>commission of an offense, the judge must authorize security control his participation and his attorney at the hearing later legality of such proceedings, if requested.’”

----
<references/>

Algeria

2014-02-04T18:02:51Z

31.51.137.141:

Algeria has had a DNA testing laboratory since 2004. DNA is used in murder cases and to identify bodies of deceased persons, including terrorists. As in many Muslim countries, there is controversy surrounding use of DNA for paternity testing.
Interpol's 2008 survey lists Algeria as a country where a DNA database is planned.
At end 2013, Algeria was due to receive CODIS software from the USA.
Algerian scientists have received US training in DNA forensics.
== Resources ==
* External links
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The International Criminal Investigative Training Assistance Program (ICITAP)] Lists training from the US to Algeria in DNA forensics.
**[http://forum.actudz.com/topic13913.html Forum Algérie: Les tests ADN sont-ils réalisés en Algérie? [In French] (17th August 2008)]
* Press articles
**[http://www.algerie360.com/algerie/les-rapports-des-services-de-securite-sont-formels-la-hausse-de-la-criminalite-est-inquietante/ Algerie 360: Les rapports des services de sécurité sont formels, La hausse de la criminalité est inquiétante (21st December 2013)]
**[http://www.algerie360.com/algerie/l%E2%80%99assassin-de-kerroumi-ahmed-condamne-a-20-ans-de-prison/ Algerie 360: L’assassin de Kerroumi Ahmed condamné à 20 ans de prison(9th December 2013)]
**[http://www.lexpressiondz.com/actualite/171686-les-analyses-adn-a-la-rescousse.html L'Expression: Les analyses ADN à la rescousse (3rd April 2013)]
**[http://www.algerie360.com/algerie/prelevement-adn-pour-ali-belhadj-son-fils-aurait-ete-tue-lors-de-loperation-militaire-lancee-a-tizi-ouzou/ Algerie 360: Prélèvement ADN pour Ali Belhadj: son fils aurait été tué lors de l’opération militaire lancée à Tizi Ouzou (13th December 2012)]
**[http://www.algerie360.com/algerie/la-forem-interpelle-le-president-de-la-republique-le-casse-tete-des-enfants-nes-dans-les-maquis/ Algerie 360: La forem interpelle le président de la république Le casse-tête des enfants nés dans les maquis (12th June 2012)]
**[http://www.algerie360.com/algerie/pour-avoir-des-preuves-solides-de-linnocence-de-leurs-clientsles-robes-noires-convoitent-les-tests-adn/ Algerie 360: Pour avoir des preuves solides de l’innocence de leurs clients,Les Robes noires convoitent les tests ADN (30th March 2012)]
**[http://www.algerie360.com/algerie/analyse-adn-des-depouilles-de-3-terroristes-abattus-un-emir-terroriste-abattu-dans-un-raid-aerien-sur-les-frontieres-algero-maliennes/ Algerie 360: Analyse ADN des dépouilles de 3 terroristes abattus ,Un émir terroriste abattu dans un raid aérien sur les frontières algéro-maliennes (19th February 2012)]
**[http://www.algerie360.com/algerie/benbraham-42-000-enfants-naissent-annuellement-hors-mariage/ Algerie 360:Benbraham : 42 000 enfants naissent annuellement hors mariage (23rd June 2011)]
**[http://www.algerie360.com/algerie/l%E2%80%99analyse-de-l%E2%80%99adn-au-secours-de-la-police-scientifique/ Algerie 360: L’analyse de l’ADN au secours de la police scientifique (27th October 2010)] Algeria contemplates police DNA database
**[http://www.algerie360.com/algerie/criminalitela-police-passe-au-fichier-adn/ Algerie 360: Criminalité,La police passe au fichier ADN (26th October 2010)]
**[http://www.algerie360.com/algerie/bientot-un-fichier-automatise-de-profils-genetiques-adn/ Algerie 360: Bientôt, un fichier automatisé de profils génétiques ADN (26th October 2010)]
**[http://www.algerie360.com/algerie/la-police-scientifique-veut-adopter-l%E2%80%99identification-adn/ Algerie 360: La Police scientifique veut adopter l’identification ADN (29th April 2009)]

Venezuela

2014-02-04T17:53:39Z

31.51.137.141:

The 2008 Interpol survey lists Venezuela as a country that is planning a DNA database.

The company Genia Geo, based in Uruguay, is establishing the infrastructure on behalf of the Venezuelan Government's Ministry of Science and Technology.

==Resources==

*External links
**[http://www.geniageo.com/en/corporate/about-genia-geo.html Genia Geo: Consulting for installation of molecular biology laboratories and DNA databases]

*Press articles

Argentina

2014-02-04T17:40:30Z

31.51.137.141:

In 2004, Argentina adopted a resolution which allows a DNA database to record any DNA profile associated with evidence from different crime scenes or clothing of the victims, or made in the course of judicial proceedings by order of the court or the public prosecutor involved. The resolution also allows DNA to be collected from prisoners convicted of sexual or life threatening crimes. However, it is unclear to what extent this resolution has been implemented.
In 2011, a new national law was introduced to create a DNA database of all persons convicted of sexual crimes and this was adopted in 2013.
Argentina also has a database containing DNA donated voluntarily by families whose children disappeared during the dictatorship.

== Resources ==

* External links
**[http://www.senadomza.gov.ar/busqueda/textoley.php?sancion=08611 LEY 8.611 MENDOZA (16th October 2013)] New DNA law in Mendoza state.
**[http://www.luispetri.com.ar/noticias/se-aprobara-el-banco-de-adn-propuesto-por-luis-petri/ Luis Petri: Se aprobara de ADN propuesto por Luis Petri (3rd October 2013)] Proposal for a new DNA law in Mendoza state.
**[http://www.dataprivacylaws.com.ar/2013/07/24/argentina-enacts-dna-national-registry-for-sex-offenders/ Data Privacy Laws: Argentina enacts DNA national registry for sex offenders (21st July 2013)]
**[http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/217689/norma.htm DELITOS CONTRA LA INTEGRIDAD SEXUAL Ley 26.879 (23rd July 2013)]
**[http://www.dataprivacylaws.com.ar/2011/12/23/new-surveillance-regulation-enacted-in-argentina/ Data Privacy Laws: New surveillance regulation enacted in Argentina(23rd December 2011)]
**[http://www.habeasdata.org/wp/2011/11/18/ciudad-de-buenos-aires-proyecto-de-huellas-geneticas-digitalizadas/ Habeas Data: Ciudad de Buenos Aires: proyecto de huellas genéticas digitalizadas de Dip. Ritondo(18th November 2011)]
**[http://www.ffyb.uba.ar/gxpsites/hgxpp001.aspx?2,14,1395,O,S,0,MNU;E;252;1;MNU Universidad de Buenos Aires; Base de datos de referencia]
**[http://www.noticiasjudiciales.info/Nota_Principal/El_Servicio_de_Huellas_Digitales_Geneticas_de_la_UBA_brindara_capacitacion_al_Cuerpo_Medico_Forense Noticias Judiciales: El Servicio de Huellas Digitales Genéticas de la UBA brindará capacitación al Cuerpo Médico Forense (30th December 2010)]
**[http://www.ffyb.uba.ar/gxpsites/hgxpp001.aspx?2,1,1605,O,S,0,PAG;CONC;1609;6;D;2178;1;PAG;, Universidad de Buenos Aires: EL SERVICIO DE HUELLAS DIGITALES GENÉTICAS EN EXPOUBA - SEPTIEMBRE 2010]
**[http://infoleg.mecon.gov.ar/infolegInternet/anexos/95000-99999/95342/norma.htm Ministerio de Justicia, Seguridad y Derechos Humanos REGISTRO DE HUELLAS DIGITALES GENETICAS Resolución 415/2004 (In Spanish) (21st May 2004)]
**[http://www.fundacioncivica.com.ar/pdf/proyectoleyadnmendoza.pdf BANCO PROVINCIAL DE HUELLAS DIGITALES GENÉTICAS]
* Press articles
**[http://www.dicyt.com/noticias/las-huellas-de-identificacion-no-solo-son-digitales-sino-tambien-geneticas DICYT: Las huellas de identificación no solo son digitales, sino también genéticas (5th December 2013)]
**[http://noticias.terra.com.pe/internacional/latinoamerica/argentina-crea-registro-adn-violadores,a2b234e7e80af310VgnCLD2000000dc6eb0aRCRD.html Terra: Argentina crea registro ADN violadores (3rd July 2013)]
**[http://www.clarin.com/sociedad/Diputados-ley-registro_de_violadores-ADN_0_949105475.html Clarin: Diputados convirtió en ley el proyecto que crea un registro de violadores (In Spanish)(3rd July 2013)]
**[http://ve.noticias.yahoo.com/crean-registro-nacional-adn-investigacion-criminal-213100241.html Telem: Crean registro nacional de adn para la investigacion criminal(9th August 2012)]
**[http://pe.noticias.yahoo.com/aprobaron-registro-adn-ciudad-000000217.html La Nacion: Aprobaron un registro de ADN en la ciudad (7th December 2011)]
**[http://www.argenbio.org/index.php?action=notas&note=5326 ArgenBio: Conocé que son las huellas digitales genéticas (16th September 2010)]
**[http://www.diariouno.com.ar/edimpresa/2009/02/12/nota205147.html El registro local de violadores funciona a medias tras 5 años (2nd December 2009)] A registration of DNA for convicted rapists in Mendoza province was implemented in 2007 but is still not fully functional.
**[http://www.thefreelibrary.com/Argentine+court%3A+No+forced+DNA+for+%27dirty+war%27+IDs-a01611963899 Associated Press: Argentine court: No forced DNA for 'dirty war' IDs (12th August 2009)]
**[http://www.isfg.org/files/b99eda336e2780c750a70d8772ac604a7fe9b3f0.05012409_296681281888.pdf Penacino (2006) Organizing the Argentinean Combined DNA Index System (CODIS)]
**[http://www.iprofesional.com/notas/2528-El-Registro-de-huellas-digitales-genticas iProfesional: El Registro de huellas digitales genéticas (28th May 2004)]

==Detailed analysis==

'''I. Historical Origins of Argentinean DNA Databases'''

In Argentina in 1976, a civilian government was ousted by the military, and the ensuing eight years of military dictatorship were characterized by state-sponsored terrorism directed against a wide spectrum of citizens, primarily young workers, students, and intellectuals. Suspected activists, and sometimes their friends and relatives, were abducted violently from their homes in the middle of the night, and the victims were confined to clandestine detention centers where they were subjected to torture. Thousands of people were eventually assassinated after variable periods of time, while the military government persistently denied the facts and its own responsibility. The “disappeared” thus became a common concept associated with the repression.<ref name="ftn1">Victor B. Penchaszadeh, ''Genetic Identification of Children of the Disappeared in Argentina'', 52 J. Am. Med. Women’s Ass’n 16, 16, 18 (1997); ''see also, e.g.'', Centro de Estudios Legales y Sociales (CELS). El mito de la guerra sucia. Buenos Aires: CELS; 1984; Report on the Situation of Human Rights in Argentina. Washington, DC: Organization of American States; 1978; The Disappeared of Argentina. London: Amnesty International; 1979.</ref>

A number of abducted victims were living with their children when the security forces violently irrupted into their homes. These babies and young children were also abducted, as part of a deliberate policy based on the military’s conviction that “subversives breed subversives” and that they had the “duty of freeing these children from the subversive education” of their parents.<ref name="ftn2">Informaciones. July 1985, p2.</ref> The fate of these children varied according to the circumstances. In some cases they were handed over to neighbors or anonymously left in institutions for abandoned children. But most commonly these infants and young children were kept either as “war booty” by someone within the security forces or handed over to childless couples associated with them.<ref name="ftn3">Nosiglia JE. Botin de guerra. Buenos Aires: Cooperativa Tierra Fertil; 1985.</ref>

In the mid-1980s surviving relatives of abducted children were able to forge alliances with the national Sub-Secretary of Human Rights, the Durand Hospital, and the Province of Buenos Aires’ Ministry of Social Action to facilitate the development of a proposal for a national bank of genetics data. President Alfonsín used the project as the basis for Law 23511.<ref name="ftn4">Michelle D. Bonner, ''Defining Rights in Democratization: The Argentine Government and Human Rights Organizations 1983-2003'', 47 Latin Am. Pol. & Soc’y 55, 62 (2005).</ref> This law, enacted in May of 1987, created the “Banco Nacional de Datos Genéticos” (BNDG) “to organize, operate and preserve a file of genetic data to store genetic information to facilitate the identification and clarification of conflicts related to filiation; to produce reports and technical opinions and to perform genetic expertness at judicial request; and to perform and promote studies and researches related to the matter.”<ref name="ftn5">Boletin Oficial de la Republica Argentina, Jun. 1, 1987.</ref>

Law 23511, as amended by later enactments, remains in force and applies to the identification of persons both in the course of legal proceedings involving issues of parental relations and outside formal legal proceedings. In the course of a legal proceeding to establish parentage, when a claim appears credible or reasonable, genetic tests may be ordered by the court.<ref name="ftn6"><nowiki>International Committee of the Red Cross [ICRC], The Missing: Action to Resolve the Problem of People Unaccounted-For as a Result of Armed Conflict or Internal Violence and to Assist Their Families 30 (2002).</nowiki></ref> The assessment of the genetic evidence is made by the judge, taking into account the scientific knowledge in the field. No party is obliged to submit to a genetic test, however, failure to do so will be held against him, i.e. it will constitute an element of evidence against his claim. Outside formal court procedures, any blood relative of a child who disappeared or was presumably born in detention has the right to request and obtain the services of the BNDG.<ref name="ftn7">Id.</ref>

'''II. The Regulation of Forensic DNA Technology in the Criminal Context'''

In Argentina, the collection of DNA in criminal investigation procedures occurs at two stages. First, DNA may be collected at the enquiry stage, during which, under the direction of a judge, evidence is assembled in relation to the charge and the defense. Secondly DNA may be collected during the criminal prosecution procedure. At this stage there is an opportunity for the parties to challenge, on an equal footing, the DNA evidence already obtained or introduced. In either case, the suspect may be either in custody or at liberty.

Under these conditions, the samples for DNA testing can be collected during any of these two stages, before the end of the court hearing. This will depend on the urgency which is required to obtain the sample. For example, in a case of culpable homicide, if it were necessary to determine if the driver of a car was under the influence of alcohol or not, the sample should be taken as early as possible. However, the suspect has a right to a defense and to the control of the sample.

The High Court of Justice has established that the compulsory taking of blood (whether from minors or adults) for the purpose of obtaining proof in relation to the commission of a crime does not, of itself, violate or infringe the right to refuse to make a statement, including a refusal in relation to collaboration in a matter of proof with prosecution, the right to defense, the right to bodily integrity or privacy (either of the accused or the victim). The High Court of Justice has further decided that these rights are not infringed provided the DNA sample is taken according to the principles of ''proportionality'' and ''reasonableness''.<ref name="ftn8">Decisions of 4 November 1995 in ''Re HG'', and of 27 December 1996 in ''Re Guarino, Mirta Liliana''.</ref> Moreover, the High Court has not permitted the compulsory blood sampling of minors who have not been victims of a crime or who have not been involved in any illegal act because this would invade the minor’s privacy, restrain his or her freedom to bodily integrity and would damage his or her physical integrity which is subject to juridical protection.<ref name="ftn9">Decision of 13 November 1990, published in Fallos (collection of the judgments of the High Court of Justice), 313, 1113.</ref>

There are special rules for different groups that deal with clinical examinations in general but not specifically dealing with DNA or other genetic studies. These general clinical examinations may not relate specifically to a DNA test but they can relate generally to the taking of urine and blood. Some medical examinations could extend to DNA analysis which are primarily for the purpose of detecting illness amongst prisoners, military personnel or employees but including those who are going to be married, where there are epidemics or skin grafts. These types of examinations are obligatory. The High Court has confirmed the authority of the Federal Police to conduct examinations and chemical analysis to confirm the good health of their police officers and obligatory testing for AIDS.<ref name="ftn10">Decision of 17 December 1996 in ''Re BREC Federal Police Argentina''.</ref> In addition, Article 5 of Law 23511 dealing with genetic studies for histo-compatibility allows the BNDG, on an authorized demand, to check for DNA matches.

These practices notwithstanding, there is no specific scientific test for DNA matching in criminal procedures in Argentina. Different techniques can be used provided they are explained to and evaluated by the judges giving the court certainty on the actual facts. The DNA test must be carried out by an expert. Each party can propose its own expert and the judges must evaluate the opinions of these experts according to the importance of and the validity of the technique employed.

The taking and use of genetic samples is regulated by multiple laws. As noted above, Article 5 of Law 23511 provides that “without prejudice to other tests conducted by the National DNA Bank, when requested to act to bank genetic samples or to test or establish a consanguinity.” In addition, Law 22990 regulated activities linked to human blood including its components and derivatives and sub-products, notably on the storage and donation of blood without reference to DNA tests.

Generally, admissibility of the DNA test results are under the direction of the judge. During criminal proceedings, it is the judge who orders and supervises the acquisition of DNA evidence subject to the intervention of the parties. There is no rule preventing any party from conducting an independent test and presented the results thereof in a court proceeding. However, the probative value depends on the judicial definition of this test subject to any challenge by the opposing party. Judges in criminal trials frequently favor studies from the BNDG on the basis that it is a state institution.

With respect to tests conducted by independent laboratories, there are general and specific sanctions for the use of samples or results for unauthorized uses. The major sanctions are those imposed for traditional offences under the Penal Code and related laws which are committed in relation to the use of samples or test results. The specific sanctions are contained in Laws 23511 and 22990. Article 9 of Law 23511, which was introduced in 1987, imposes penalties for alteration of the register or reports from the register.<ref name="ftn11">Article 9 of law 23511. Any alteration in the registers or reports are punishable offences of falsification of official records. The author and any other counter-signatory will be culpable.</ref> The offence consists of alteration of the authenticated register or reports. Law 22990 was passed in 1983 and imposes sanctions for any misuse of law of blood, any use for profit of human blood or its derivatives or for any purpose other than that which is authorized.<ref name="ftn12">Article 92 of Law 22990. Those punished may be sentenced to a period of six months’ to two years’ imprisonment including persons in charge of haemotherapy services blood banks, production laboratories for blood derivatives, reagents, diagnostic or serums markers of hematology, when conducting these functions without authorization and legal capacity.</ref> Law 22990 also contains sanctions for unauthorized storage of samples or test results.<ref name="ftn13">Article 91 of Law 22990. A person will be punished with a term of six months’ to five years’ imprisonment and a fine of 10,000 to 500,000 Argentinean pesos, whenever he or she has acted as an intermediary or has obtained a benefit by obtaining, donating, preparing, fractionating, storing, conserving, distributing, supplying, transporting, transfusing, importing or exporting, or deriving any form of profit from human blood, its components and its derivatives outside of the circumstances authorized by this law.</ref>

As presently provided, it is difficult to challenge the results of a DNA test with regard to scientific accuracy. However, the DNA evidence may be challenged from the point of view of the form of the procedure, for example, where the sample was not under the control of the opposing party or where there are doubts about the safeguarding of the samples. There are no special directions made by judges in relation to DNA evidence beyond the general evaluation of evidence. There are only directions in relation to the taking of the samples and the intervention of the parties. Interestingly, in the criminal procedure there are no specific standards of proof applicable to DNA tests. On the other hand, in civil matters a refusal by a defendant to submit to a blood test in an action to establish parentage raises a presumption against him or her.<ref name="ftn14">Article 4 of law 23511. When it is necessary to determine in a lawsuit the pa mirage of a person and the claim appears probable or reasonable, a genetic test may be undertaken, which will be evaluated by the judge taking into account the experiments and the scientific results of the subject. A refusal to subject oneself to the tests and the analyses necessary raises a contrary presumption with the position argued by the person who refuses the test.</ref>

There are no general rules dealing with the destruction or storage of DNA test results. Generally, the judges order the destruction of samples in each case. This occurs generally when the decision has been finally reached in the case. The samples and results of DNA tests are stored in the BNDG.<ref name="ftn15">Article 8 of law 23511. The books and the records of the National DNA Bank will be preserved in a manner to ensure their inviolability is ensured, and under conditions to ensure their integrity.</ref> In addition, tests conducted by other private institutions (such as laboratories or hospitals) may be stored also by those institutions themselves. The reliability of such tests depends on the manner in which the samples are stored and the conditions imposed preventing tampering or alteration.

There are no specific rules dealing with the release of DNA test results. However, there are general rules which prevent the release of stored DNA test results except by authorized government instrumentalities or under approved research projects. Generally, the obligation to preserve the confidentiality of the samples and the test results depend on the general duties of medical doctors to preserve confidentiality and the general law.<ref name="ftn16">Article 11 of Law 17132 of 1967 on the practice of medicine.</ref> Similarly, there are no specific rules about the privacy of DNA test results but the release of such information could constitute a number of offences such as the violation of professional confidentiality or the release of secret information by public officials. These circumstances amount to punishable offences under Articles 156 and 157 of the Penal Code.<ref name="ftn17">Article 156 of the Penal Code. A fine of 1,500 to 90,000 pesos may be imposed, and special forfeiture, if necessary, whenever a person discloses a secret, without proper cause, having knowledge of a secret, disclosure of which may caused damage because it relates to a state, trade, employment, profession or art secret. In addition, Article 137 provides that a public servant may be imprisoned for one month to a maximum imprisonment of two years, and special forfeiture of one to four years, where the public servant discloses facts, files or documents considered secret according to the law.</ref> Moreover, Law 23798 dealing with AIDS, which was passed in 1990, prohibits the identification of persons suffering from that disease by reason of the use of samples obtained under those regulations.<ref name="ftn18">Article 2 of Law 23798. The provisions of this law and its complementary standards will be interpreted, taking into account that, in no case may a person: e) identify a person through cards, registers or stored data, which, for this purpose, have been registered in a codified form.</ref>

'''III. LASFG and the Model Database Proposal'''

In an effort to nationalize and modernize the use of Forensic DNA technology in Argentina, the Latin-American Society for Forensic Genetics (LASFG) has submitted a number of proposals to create a centralized DNA database modeled after those in the United States and Europe. <ref name="ftn19">G. Penacino. DNA databases in Criminal Investigation, Judicial Doctrine XX, 32, pp. 1151–1160; La Ley, Buenos Aires, 2004; G. Penacino, Organizing the Argentinean Combined DNA Index System. Progress in Forensic Genetics 11, Elsevier Science, London, 2006.</ref> Although LASFG has submitted over a dozen formal proposals to the Argentine government, no centralized database has been established. While resolution number 415/2004 of the Ministry of Justice nominally created such a database, this resolution has not been implemented.<ref name="ftn20">La Nation article (get proper cite)</ref> The LASFG’s latest proposal is presently under review the Argentinean Government, although no deadline has been set by which it must act.

An underlying premise of the LASFG’s proposal is compliance with relevant international standards. In much Latin America, DNA forensics are voluntarily regulated by the LASFG and the Spanish and Portuguese Speaking Group of the (ISFG). The present LAFSG proposal seeks to establish a National DNA database under the purview of the Ministry of Justice, under the direct control of the National Registry of Recidivism. Under the proposal, two independent DNA databases would be created: (1) “BASE 1” containing the genetic data of individuals sentenced for major offences; and (2) “BASE 2” containing genetic information collected as evidence in unresolved cases.

The model legislation authorizes Argentinean judges to order a comparison between BASE 1 and BASE 2. Individuals that have merely been accused of a crime will not be included in BASE 1. In the case such individuals are subsequently convicted, however, their profile would be included there. The genetic samples obtained from crime scenes in any unsolved criminal case will be added to BASE 2, when ordered by a national or provincial judge. To accomplish this task, the laboratory processing the DNA test will have to forward the genetic pattern to the National Registry of Recidivism, only at the time the Judge demands it.

To promote transparency, the proposed databases would be administered and updated by computer specialists, who will be separate from laboratories that process the DNA. Either official laboratories or from ones from the private sector would be charged with processing DNA. The proposal requires that such laboratories be headed by professionals, licensed by the Ministry of Health of Argentina or equivalent Province level organizations. Presently the Argentinean National Justice (through the Forensic Medical Body) operates an accreditation system for forensic laboratories. It is proposed to empower the Forensic Medical Body to certify all laboratories according to uniform standards based on those promulgated by the international forensic community.<ref name="ftn21">Standards suggested by the international forensic community hold that each forensic laboratory must: (1) have automatic sequencers for variable markers analyses, internationally approved; (2) have separated areas for the extraction of DNA, PCR amplification and automatic sequencing; (3) approve two international quality controls annually, providing the awarded certificates; and (4) be headed by professionals properly certified by the Argentinean Ministry of Health or equivalent provincial level organizations, complying with laws and regulations for basic blood analyses.</ref> The Forensic Medical Body will thus be tasked with ensuring that each laboratory meets these standards.

----
<references/>

Chile

2014-02-04T17:21:11Z

31.51.137.141:

Chile adopted legislation in 2004 to set up five different DNA databases (for individuals suspected of certain serious crimes, people convicted of those crimes, victims of such crimes, crime scenes, and the "disappeared"). Suspects records are transferred to the convicted persons' database or deleted if not convicted.

Law No. 19,970, in force since 25 November 2008, allows progressive collection of the five different registers, with priority given to prisoners. A new laboratory was opened in October 2010 to speed up the analysis of samples.

A supreme court judgment in 2012 excluded young offenders from the registry.

The FBI assisted Chile by providing CODIS software and supporting database development.

==Resources==

*External links
**[http://www.sml.cl/sml/index.php?option=com_content&view=article&id=34&Itemid=46 Unidad de Registro Nacional de ADN (CODIS)]
**[http://www.ic-mp.org/icmp-worldwide/south-america/chile/ International Commission on Missing Persons: Chile]
**[http://www.observatorio.cl/sites/default/files/biblioteca/La_Ley_19970_ADN_y_los_derechos_fundamentale.pdf Matías Meza-Lopehandía y Hernando Silva: Informe Jurídico sobre Ley 19970 y los derechos fundamentales afectados por su aplicación]
**[http://www.alfa-redi.org/sites/default/files/articles/files/herrera.pdf Rodolfo Herrera Bravo: LOS REGISTROS DE ADN Y LOS DERECHOS CONSTITUCIONALES: ¿CÓMO ESQUILAR SIN DESPELLEJAR?]
**[http://www.leychile.cl/Navegar?idNorma=231105 Ley 19970: CREA EL SISTEMA NACIONAL DE REGISTROS DE ADN (6th October 2004)]

*Press articles
**[http://www.emol.com/noticias/nacional/2012/10/25/566388/ministro-de-justicia-condeno-bombazo-en-edificio-de-adn.html Emol: Ministro de Justicia: Bombazo en Registro Nacional de ADN "carece de toda lógica" (25th October 2012)]
**[http://www.biobiochile.cl/2012/10/25/artefacto-explosivo-detona-en-instituto-nacional-del-adn.shtml biobiochile.cl: Atentado explosivo afectó al Registro Nacional de ADN en Recoleta(25th October 2012)]
**[http://www.biobiochile.cl/2012/08/01/suprema-ordena-excluir-de-registro-de-adn-la-huella-genetica-de-adolescentes-infractores.shtml biobiochile.cl: Suprema ordena excluir de registro de ADN la huella genética de adolescentes infractores (1st August 2012)]
**[http://www.biobiochile.cl/2012/04/23/corte-suprema-deja-fuera-del-registro-de-adn-a-los-menores-de-edad.shtml biobiochile.cl: Corte Suprema deja fuera del registro de ADN a los menores de edad (23rd April 2012)]
**[http://www.emol.com/noticias/nacional/2010/10/07/440139/presidente-pinera-inaugura-registro-nacional-de-adn.html Emol: Presidente Piñera inaugura Registro Nacional de ADN (7th October 2010)]
**[http://www.elciudadano.cl/2009/03/11/6479/registro-nacional-de-adn-%C2%BFherramienta-para-la-investigacion-criminal-o-nuevo-dispositivo-de-discriminacion/ El Cuidadano: Registro Nacional de ADN ¿herramienta para la investigación criminal o nuevo dispositivo de discriminación? (11th March 2009)]
**[http://www.alainet.org/active/28694 ALAI: Gobierno chileno impulsa registro de ADN de presos politicos mapuches (28th January 2009)]
**[http://www.elciudadano.cl/2008/11/06/4111/4111/ Elcuidadano: ADN: El Estado va por tus genes (6th November 2008)]
**[http://www.emol.com/noticias/nacional/2004/07/21/153667/chile-tendra-registro-de-adn.html Emol: Chile tendrá registro de ADN (21st July 2004)]
**[http://www.neuronagroup.cl/noticias/chile_inaugura_registro_nacional_de_adn_con_la_ayuda_del_fbi Neurona Group: Chile inaugura Registro Nacional de ADN con la ayuda del FBI]
**[http://www.chile.com/secciones/ver_seccion.php?id=56612 Chile.com: CREARÁN REGISTRO DE ADN CRIMINAL]

==Detailed analysis==

Law No. 19970

Regulations of Law No. 19970

CCP §§ 198, 199, 199b

The Chilean System of National DNA Databases (''Sistema Nacional de Registros de AND'') (hereinafter “SNDD”) was legally established on October 6, 2004.<ref name="ftn1"> Ley Nº 19.970, de 10 septiembre de 2004, D.O. de 06.10.2004 (“''Crea el Sistema Nacional de Registros de ADN''”) (Chile)

</ref> In principle, the SNDD is divided into five different databases, each containing the genetic profiles from a different source: (1) individuals convicted of certain serious crimes (Registro de Condenados); (2) individuals suspected of and/or charged with said serious crimes (Registro de Imputados); (3) unidentified biological material collected at crime scenes (Registro de Evidencias y Antecedentes); (4) victims of said serious crimes (Registro de Víctimas); and (5) individuals executed (“disappeared”) by Chile’s former authoritarian government and their potential relatives (Registro de Desaparecidos y sus Familiares).<ref name="ftn2"> See supra note 392.

</ref> Due to insufficient institutional infrastructure and administrative regulation, the SNDD did not become operational until November 25, 2008.<ref name="ftn3"> Press Release, Servicio Médico Legal, Ministro de Justicia <nowiki>Visitó Dependencias de Servicio Médico Legal [Minister of Justice visited the Forensic Medicine Service Units], Feb. 20, 2008, </nowiki>[http://www.sml.cl/portal/index.php?option=com_content&task=view&id=52&Itemid=24 http://www.sml.cl/portal/index.php?option=com_content&task=view&id=52&Itemid=24]<nowiki> (describing the institutional preparations undertaken to accommodate the SNDD); Fiscal Nacional del Ministerio Público [Office of the Public Prosecutor], Orientaciones para la aplicación de la ley 19.970 que creó el Sistema Nacional de Registro de AND [Guidelines for implementation of the law 19,970 which created the National Register AND], Document No. 017 (Jan. 7, 2005) (noting that the operation of the SNDD was deferred until the government promulgated regulations governing its implementation and operation); see also Drecho 634 de 10 septiembre de 2008 (adopting regulations governing SDNN).</nowiki>

</ref> The SNDD operates using the CODIS software, donated by the FBI in accordance with a joint-cooperation agreement between Chile and the United States.<ref name="ftn4"> CITE

</ref>

The Offender Database (Registro de Condenados) contains the genetic profiles of individuals who have been convicted of certain crimes, listed in the statute establishing the database.<ref name="ftn5"> Art. 17, Ley Nº 19.970, de 10 septiembre de 2004, establishes conviction of any of the following crimes as grounds for inclusion within the Offender Database: Código Penal, Libro Segundo, Title VIII, §§ 1 and 2 (murder, infanticide) and Title VII, §§ 1, 5, 6 and 7 (abortion, rape, statutory rape and other sexual crimes); also Código Penal §§ 141 (kidnapping), 142 (child abduction), 150A & 150B (torture), 296 (“threats”), 313 (manufacture or sale of adulterated or deteriorated medicinal substances), 315 (poisoning a public water supply), 316 (spreading of pathogens), 348 (child neglect resulting in serious injury or death), 352 (neglect of the poor), 395 (castration), 396 (mutilation), 397 (causing serious injury), 401 (causing less serious injuries in aggravating circumstances), 403 (sending explosives in the mail ), 433 (second degree robbery by violence and intimidation), 436 (first degree robbery by violence and intimidation), 440 (home burglary), 474 to 476 (arson), and 480 (mayhem).

</ref> In addition to these enumerated offences warranting inclusion in the SNDD, the law provides that the court, either at the request of the prosecutor or upon its own initiative, may order the genetic profile of anyone convicted of any crime be included in the Convicted Database.<ref name="ftn6"> See supra note 392, § 17(c) (providing that a competent court, upon an individual’s conviction for any crime, in consideration of the personal background of the individual, and the nature, methods and motivation behind the crime, may compel that individual to provide a genetic sample from which a genetic profile will be generated and included in the SNDD)

</ref> Profiles included in this database are retained for a period of thirty years, irrespective of the offender’s intervening death, parole, or release.<ref name="ftn7"> See supra note 392.

</ref>

The Defendant/Suspect Database (Registro de Imputados) includes the genetic profiles of individuals who have been charged with any crimes if convicted of which would warrant their inclusion in the Convicts Database.<ref name="ftn8"> See supra note 396.

</ref> In the case of the Offender Database and the Defendant/Suspect Database, individuals are compelled to provide genetic samples for analysis. The law is ambiguous as to how the samples are to be collected or what level of suspicion is required before a sample may be obtained.<ref name="ftn9"> CITE

</ref> The law creating the SNDD both references preexisting portions of the Code of Criminal Procedure covering bodily examinations of suspects, but also amends other sections of that same code.<ref name="ftn10"> CITE

</ref> The genetic profiles in the Defendant/Suspect Database are to be either deleted or transferred to the Offender database, depending on the outcome of the associated criminal process.<ref name="ftn11"> See supra note 392.

</ref> The Evidence Database (Registro de Evidencias y Antecedentes) is comprised of genetic profiles that have been obtained in the course of any criminal investigation.<ref name="ftn12"> See supra note 392.

</ref> These profiles are kept for thirty years or until they are identified.<ref name="ftn13"> See supra note 392.

</ref>

Unlike either the Offender or the Defendant/Suspect Databases, the law does not compel any victim to provide a genetic sample for inclusion in the Victims Database.<ref name="ftn14"> See supra note 392.

</ref> Victims have an affirmative right to be informed of their right to refuse to be included in the Victims Database.<ref name="ftn15"> Id.

</ref> Furthermore, any genetic evidence collected that is known to belong to a victim cannot be analyzed until the prosecutor has obtained that victim’s express permission.<ref name="ftn16"> Id.

</ref> The profiles of victims who opt for inclusion in the Victims Database are kept until the perpetrator(s) of the crime at hand are identified.<ref name="ftn17"> Id.

</ref>

Finally, the Database of the Disappeared (Registro de Desaparecidos y sus Familiares) contains the genetic profiles of unidentified human remains or biological material from persons presumably “disappeared.”<ref name="ftn18"> Id.

</ref> It also includes genetic profiles volunteered by persons believing themselves to be related to the “disappeared.”<ref name="ftn19"> Id.

</ref> These profiles are kept until they are identified.<ref name="ftn20"> Id.

</ref>

1. In April 2008 the police of Conceptión collected DNA samples from two thousand public school children under age twelve without cause or parental consent. This action was ordered by the mayor of Conceptión, Jacqueline van Rysselberghe, citing merely “child safety” as grounds.<ref name="ftn21"> Mauricia Becerra & Margaux Collet, ''ADN: El Estado Va por tus Genes''<nowiki> [DNA: The State Goes for your Genes], El Ciudadano, Nov. 6, 2008.</nowiki>

</ref>

2. The Chilean government has adopted a “prioritized” DNA sampling policy, by which it has specifically targeted incarcerated individuals of the Mapuche people. These individuals, considered political prisoners by the Machupe—a native minority within Chile with a history of resistance to Chilean claims to their land—have been singled out for inclusion in the Offenders Database on the basis of their ethnicity.<ref name="ftn22"> Pedro Cayuqueo, ''Gobierno Chileno Impulsa Registro de ADN de Presos Políticos Mapuches''<nowiki> [Chilean government promotes DNA register Mapuche political prisoners], available at </nowiki>[http://www.alainet.org/active/28694 http://www.alainet.org/active/28694] (Jan. 28, 2009); Pedro Cayuquero, ''Mapuches Interponen Recurso de Protección contra Gendarmería por Registro de ADN de Líder Recluido''<nowiki> [Mapuche Seek Protection Against Police Efforts to Obtain DNA from their Imprisoned Leader], El Ciudadano, Feb. 7, 2009.</nowiki>

</ref>

----
<references/>

Uruguay

2014-02-04T16:55:20Z

31.51.137.141:

Uruguay adopted a new DNA database law in December 2011. DNA can only be collected with consent or when required by a court. There are restrictions on uses and access, but no provisions for the deletion of DNA profiles from innocent persons or the destruction of samples.

==Resources==
*External links
**[http://200.40.229.134/Leyes/AccesoTextoLey.asp?Ley=18849&Anchor= Republica Oriental del Uruguay: Ley No. 18.849 REGISTRO NACIONAL DE HUELLAS GENETICAS (22nd December 2011)]

*Press articles
**[http://historico.elpais.com.uy/111114/pnacio-606247/nacional/ley-crea-un-registro-de-adn-contra-la-delincuencia/ Ley crea un registro de ADN contra la delincuencia (14th November 2011)]
**[http://www.theamericaspostes.com/3363/criminal-identification-news-databank-with-dna-samples-and-fingerprints-from-all-prisoners-in-uruguay/ The Americas Postes: Criminal Identification News: "databank" with DNA samples and fingerprints from all prisoners, in Uruguay (24th May 2011)]
**[http://www.espectador.com/politica/188698/parlamento-debaten-crear-registro-de-adn-para-criminales Espectador: Parlamento: debaten crear registro de ADN para criminales (1st August 2010)]
**[http://www.bbc.co.uk/mundo/america_latina/2010/05/100527_0020_uruguay_adn_crimenes_registro_gm.shtml BBC: Uruguay quiere registro genético de criminales (28th May 2010)]
**[http://www.lmcordoba.com.ar/nota/11526_uruguay-impulsa-un-registro-de-adn-para-violadores La Manyana: Uruguay impulsa un registro de ADN para violadores (26th April 2010)]

==Detailed analysis==

Draft Bill Creating a National Register of DNA Fingerprints

In October 2001, pursuant to Carpeta No. 1671 of 2001, the Uruguayan legislature created a national DNA profile archive (“Archivo de Identificación Genética Criminal”). Administered by the Ministry of Interior through the National Technical Police, the archive was created to contains genetic profiles derived three three sources (1) unidentified DNA collected at crime scenes, (2) DNA collected from individuals charged as perpetrators, accomplices or accessories with rape, murder, looting, mayhem, and (3) DNA collected from any individually twice convicted for any crime. Use of the contents of the archive was restricted to specific criminal investigations, even in which cases prior judicial authorization was required before the archive could be accessed. In addition to maintaining the database, the National Technical Police are also responsible for the care and preservation of genetic samples for further study and, if applicable, archiving.

In 2006, the database the government of Uruguay renewed the DNA archive legislation and later in 2007 partnered with the U.S. to deploy a version of the FBI-developed CODIS DNA database software. In September of 2009, Uruguay enacted legislation creating an additional national DNA repository, the National Register of Genetic Profiles (“Registro Nacional de Huellas Genéticas”). The purpose of this new Register was to expand the range of potential applications of DNA profiles presently residing in the National Archive. Also the responsibility of the Ministry of Interior and the National Directorate of Technical Police, this new database employs the CODIS software to actively attempt to match unidentified genetic samples collected at crime scenes with unrelated individuals whose profile is stored in the archive.

Global summary

2014-02-04T16:11:46Z

31.51.137.141:

'''Southern Africa'''

[http://wiki.dnapolicyinitiative.org/index.php?title=South_Africa South Africa] has a DNA database which will be expanded following adoption of a new DNA Act in 2013. [http://wiki.dnapolicyinitiative.org/index.php?title=Botswana Botswana] also has a small DNA database.

According to Interpol's 2008 survey, [http://wiki.dnapolicyinitiative.org/index.php?title=Lesotho Lesotho], [http://wiki.dnapolicyinitiative.org/index.php?title=Namibia Namibia] and [http://wiki.dnapolicyinitiative.org/index.php?title=Zimbabwe Zimbabwe] also plan to build new DNA databases.

'''West Africa'''

Legislation to establish a DNA database in [http://wiki.dnapolicyinitiative.org/index.php?title=Nigeria Nigeria] is under consideration.
[http://wiki.dnapolicyinitiative.org/index.php?title=Ghana Ghana] is also reported to be planning a DNA database.

'''East Africa'''

[http://wiki.dnapolicyinitiative.org/index.php?title=Mauritius Mauritius] and [http://wiki.dnapolicyinitiative.org/index.php?title=Tanzania Tanzania] have adopted DNA database legislation.

There is an international plan to build a DNA database of pirates from [http://wiki.dnapolicyinitiative.org/index.php?title=Somalia Somalia].

'''North Africa and Middle East'''

According to Interpol, there are DNA databases in [http://wiki.dnapolicyinitiative.org/index.php?title=Bahrain Bahrain], [http://wiki.dnapolicyinitiative.org/index.php?title=Egypt Egypt], [http://wiki.dnapolicyinitiative.org/index.php?title=Iran Iran], [http://wiki.dnapolicyinitiative.org/index.php?title=Jordan Jordan], [http://wiki.dnapolicyinitiative.org/index.php?title=Kuwait Kuwait], [http://wiki.dnapolicyinitiative.org/index.php?title=Morocco Morocco], [http://wiki.dnapolicyinitiative.org/index.php?title=Saudi_Arabia Saudi Arabia] and [http://wiki.dnapolicyinitiative.org/index.php?title=Tunisia Tunisia]. However, many of these databases appear to be small or aspirational.

[http://wiki.dnapolicyinitiative.org/index.php?title=Israel Israel] has a criminal DNA database and has created a controversial DNA database of African migrants crossing into Israel from Egypt.

The [http://wiki.dnapolicyinitiative.org/index.php?title=United_Arab_Emirates United Arab Emirates (UAE)] is currently the only country in the world that is actively engaged in trying to put its entire population on a DNA database. However, contracts between the UK Forensic Science Service (FSS) and UAE were canceled when the FSS was closed down and it is unclear how far implementation has progressed.

There is a plan build a DNA database in [http://wiki.dnapolicyinitiative.org/index.php?title=Algeria Algeria]. At end 2013, Algeria received CODIS DNA database software from the USA.

According to Interpol's 2008 survey, DNA databases are also planned in [http://wiki.dnapolicyinitiative.org/index.php?title=Lebanon Lebanon], [http://wiki.dnapolicyinitiative.org/index.php?title=Libya Libya] and [http://wiki.dnapolicyinitiative.org/index.php?title=Syria Syria]. Political instability in the region means that it is unlikely all these plans will be realised in the foreseeable future.

The six member countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, UAE) of the Gulf Cooperation Council (GCC) have discussed plans to exchange fingerprint and security information, potentially including DNA profiles, between states. Interpol's 2008 survey of DNA databases states that [http://wiki.dnapolicyinitiative.org/index.php?title=Oman Oman] is planning to build a DNA database. [http://wiki.dnapolicyinitiative.org/index.php?title=Qatar Qatar] adopted DNA database legislation in September 2013.

US and UK intelligence services have built a database of DNA collected in [http://wiki.dnapolicyinitiative.org/index.php?title=Afghanistan Afghanistan] and [http://wiki.dnapolicyinitiative.org/index.php?title=Iraq Iraq].

'''Asia'''

[http://wiki.dnapolicyinitiative.org/index.php?title=China China], [http://wiki.dnapolicyinitiative.org/index.php?title=Japan Japan], the Republic of Korea ([http://wiki.dnapolicyinitiative.org/index.php?title=South_Korea South Korea]) and [http://wiki.dnapolicyinitiative.org/index.php?title=Singapore Singapore] have DNA databases. In South Korea there are reports that prosecutors have been collecting DNA samples from workers convicted of engaging in strikes and other activities.

According to Interpol, the world's third largest DNA database is in China, although it currently contains a small proportion of the country's population. DNA databases in China are operated by individual police forces. China has also established a database to identify missing and vagrant children. There was controversy in 2009 when China began DNA testing nightclub workers in Guangzhou and again in 2013 when police in East China’s Shandong Province sought DNA from about 5,000 male students. There is a separate DNA database in [http://wiki.dnapolicyinitiative.org/index.php?title=China_%28Hong_Kong%29 Hong Kong] and also in [http://wiki.dnapolicyinitiative.org/index.php?title=Taiwan Taiwan].

[http://wiki.dnapolicyinitiative.org/index.php?title=Malaysia Malaysia] adopted DNA legislation in 2009, but implementation was delayed pending adoption of detailed regulations in 2012. In 2012, DNA evidence submitted by the prosecution in a controversial prosecution of a politician for sodomy was ruled unreliable by a judge who discharged the case.

In [http://wiki.dnapolicyinitiative.org/index.php?title=India India], regional DNA databases have operated since 2000. A bill for a national database was drafted in 2007 and is currently being revised by an expert committee before proceeding to parliament.

[http://wiki.dnapolicyinitiative.org/index.php?title=Bangladesh Bangladesh]'s interim cabinet approved a DNA Database Act in 2013 and received CODIS DNA database software from the USA.

[http://wiki.dnapolicyinitiative.org/index.php?title=Sri_Lanka Sri Lanka] has a privately-run DNA database but has recently established a government laboratory.

[http://wiki.dnapolicyinitiative.org/index.php?title=Brunei Brunei], [http://wiki.dnapolicyinitiative.org/index.php?title=Nepal Nepal], [http://wiki.dnapolicyinitiative.org/index.php?title=Pakistan Pakistan] and [http://wiki.dnapolicyinitiative.org/index.php?title=Indonesia Indonesia] are planning to set up DNA databases. In [http://wiki.dnapolicyinitiative.org/index.php?title=Thailand Thailand], lobbyists from Gordon Thomas Honeywell (GTH) circulated draft legislation in 2010 and the Ministry signed a memorandum of understanding with the FBI to build the database in 2013. GTH represent US DNA testing firm Life Technologies (Applied Biosystems).

In the [http://wiki.dnapolicyinitiative.org/index.php?title=Philippines Philippines], a Bill to create a DNA database was introduced to the Senate in 2013.

In 2008, [http://wiki.dnapolicyinitiative.org/index.php?title=Uzbekistan Uzbekistan] announced it would put its entire population on a DNA database, but in 2012 it said registration would only be compulsory for people convicted of serious crimes. A draft law was introduced for debate at end 2013.

'''Australasia'''

Both [http://wiki.dnapolicyinitiative.org/index.php?title=Australia Australia] and [http://wiki.dnapolicyinitiative.org/index.php?title=New_Zealand New Zealand] have DNA databases.

In Australia each state operates its own DNA database and a national system allows profiles to be matched across states. South Australia, Western Australia and the Northern Territory allow DNA profiles taken from innocent people to be retained. In 2008, a man was wrongfully convicted of rape in Melbourne, Victoria on the basis of a match with the DNA database and served a year in prison before being exonerated. In 2012, DNA from an autistic ten year-old boy was included in South Australia's DNA database.

In 2009, new legislation in New Zealand expanded its DNA database. New Zealand is considering an automated searching and sharing system for DNA matches with the United States (similar to agreements signed by many EU countries).

'''Europe'''

DNA databases in [http://wiki.dnapolicyinitiative.org/index.php?title=Europe Europe] vary widely in size and in the requirements of the legislation adopted.

In 2008, in the case of S. and Marper v. the United Kingdom (known as the Marper case), the European Court of Human Rights ruled that the indefinite retention of innocent peoples DNA samples, DNA profiles and fingerprints in England, Wales and Northern Ireland contravened the European Convention on Human Rights. The judgement applies in all 47 member countries of the Council of Europe.

The [http://wiki.dnapolicyinitiative.org/index.php?title=United_Kingdom UK] database was the first to be established (in 1995) and is the second largest in the world (after the USA), containing a higher proportion of the population than any other country's database. Indefinite retention of innocent people's DNA profiles (introduced in England and Wales in 2001, but not in Scotland) became highly controversial. New legislation was introduced in 2012 to remove innocent people's and some children's records in order to comply with human rights law (the Marper judgment). In 2013, more than 1.7 million DNA profiles were removed from the database and more than 7.75 million stored DNA samples were destroyed. However, some controversy has continued regarding the collection of DNA routinely on arrest, especially from children, retrospective sampling of convicted persons, and retention of data from persons convicted or cautioned for minor offences. In 2011-12 an innocent man spent 5 months in prison in England accused of rape due to contamination of his DNA in a forensic laboratory.

DNA databases currently exist in 26 of the 28 European Union (EU) member states: [http://wiki.dnapolicyinitiative.org/index.php?title=Austria Austria], [http://wiki.dnapolicyinitiative.org/index.php?title=Belgium Belgium], [http://wiki.dnapolicyinitiative.org/index.php?title=Bulgaria Bulgaria], [http://wiki.dnapolicyinitiative.org/index.php?title=Croatia Croatia], [http://wiki.dnapolicyinitiative.org/index.php?title=Cyprus Cyprus], [http://wiki.dnapolicyinitiative.org/index.php?title=Czech_Republic Czech Republic], [http://wiki.dnapolicyinitiative.org/index.php?title=Denmark Denmark], [http://wiki.dnapolicyinitiative.org/index.php?title=Estonia Estonia], [http://wiki.dnapolicyinitiative.org/index.php?title=Finland Finland], [http://wiki.dnapolicyinitiative.org/index.php?title=France France], [http://wiki.dnapolicyinitiative.org/index.php?title=Germany Germany], [http://wiki.dnapolicyinitiative.org/index.php?title=Greece Greece], [http://wiki.dnapolicyinitiative.org/index.php?title=Hungary Hungary], [http://wiki.dnapolicyinitiative.org/index.php?title=Italy Italy], [http://wiki.dnapolicyinitiative.org/index.php?title=Latvia Latvia], [http://wiki.dnapolicyinitiative.org/index.php?title=Lithuania Lithuania], [http://wiki.dnapolicyinitiative.org/index.php?title=Luxembourg Luxembourg], the [http://wiki.dnapolicyinitiative.org/index.php?title=Netherlands Netherlands], [http://wiki.dnapolicyinitiative.org/index.php?title=Poland Poland], [http://wiki.dnapolicyinitiative.org/index.php?title=Portugal Portugal], [http://wiki.dnapolicyinitiative.org/index.php?title=Romania Romania], [http://wiki.dnapolicyinitiative.org/index.php?title=Slovakia Slovakia], [http://wiki.dnapolicyinitiative.org/index.php?title=Slovenia Slovenia], [http://wiki.dnapolicyinitiative.org/index.php?title=Spain Spain], [http://wiki.dnapolicyinitiative.org/index.php?title=Sweden Sweden] and the [http://wiki.dnapolicyinitiative.org/index.php?title=United_Kingdom United Kingdom].

EU countries must all implement data protection legislation in line with the EU Data Protection Directive.

The inclusion of children and protestors on the DNA database in France has been controversial. Its DNA database law was found constitutional with reservations in 2010. In Germany, critics have questioned the inclusion of some categories of persons on the DNA database and plans to allow automated searches and sharing of DNA profile matches with the USA. In 2009, German police discovered they had been tracking someone they thought was a murderer for two years who turned out to be a woman involved in making cotton buds used for the collection of police DNA samples that were contaminated with her DNA. The use of DNA evidence in Italy came under international scrutiny in the case of the murder of Meredith Kercher and the subsequent conviction then acquittal and re-conviction of Amanda Knox and Raffaele Sollecito.

The law in Denmark was amended to comply with the Marper judgment in 2010. It is unclear whether Estonia and Latvia are yet compliant. It also unclear to what extent Greece, Italy and Portugal have implemented relatively recent legislation to establish DNA databases.

By end 2013, 18 EU countries had implemented automated searches and sharing of DNA profile matches across borders under the EU Pruem decisions, but the UK had opted out of this agreement amid concerns that its large database would give rise to large numbers of false profile matches (adventitious matches) occurring by chance with stored crime scene DNA profiles in other countries.

A DNA database is currently planned in [http://wiki.dnapolicyinitiative.org/index.php?title=Ireland Ireland]. [http://wiki.dnapolicyinitiative.org/index.php?title=Malta Malta] will also need to establish a DNA database to comply with the EU's Pruem Decisions and has received some EU funding to do so.

According to the 2008 Interpol Survey, DNA databases are also planned in the non-EU countries: [http://wiki.dnapolicyinitiative.org/index.php?title=Albania Albania], [http://wiki.dnapolicyinitiative.org/index.php?title=Bosnia_and_Herzegovenia Bosnia & Herzogovina] (where Republika Srpska has proposed setting up its own database) and [http://wiki.dnapolicyinitiative.org/index.php?title=Montenegro Montenegro]: these plans have yet to be implemented. Montenegro is a candidate country for EU membership, whilst the othertwo are potential candidate countries. Other EU candidate countries without DNA databases are [http://wiki.dnapolicyinitiative.org/index.php?title=Serbia Serbia] and [http://wiki.dnapolicyinitiative.org/index.php?title=Turkey Turkey]. These countries will be required to establish DNA databases as part of the process of becoming EU member states.

Two other EU candidate countries already have DNA databases: [http://wiki.dnapolicyinitiative.org/index.php?title=Iceland Iceland] and the [http://wiki.dnapolicyinitiative.org/index.php?title=Macedonia_%28FYR%29 Former Yugoslav Republic of Macedonia].

Other European countries with DNA databases which are not members of the EU are: [http://wiki.dnapolicyinitiative.org/index.php?title=Norway Norway], [http://wiki.dnapolicyinitiative.org/index.php?title=Russia Russia], [http://wiki.dnapolicyinitiative.org/index.php?title=Switzerland Switzerland] and [http://wiki.dnapolicyinitiative.org/index.php?title=Ukraine Ukraine].

Norway and Iceland have [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:238:0001:0002:EN:PDF agreements] with the EU on DNA match sharing across borders.

'''Americas'''

The world's largest DNA database is in the [http://wiki.dnapolicyinitiative.org/index.php?title=United_States USA] (although it contains a smaller proportion of the population than the UK database). The US federal DNA database (CODIS) was established in 1998 and includes DNA profiles submitted under laws which vary state by state. The Justice for All Act, 2004, expanded the national database by allowing the retention of DNA profiles from anyone charged with a felony offence. The Violence Against Women Act, 2005, allows DNA profiles to be uploaded on arrest, rather than on charge. DNA profiles taken from arrested persons are not automatically removed if the person is innocent, although the individual can request removal. About half of US states have changed their laws to allow collection of DNA on arrest, although these laws are subject to ongoing legal challenges.

DNA databases have also been established in [http://wiki.dnapolicyinitiative.org/index.php?title=Argentina Argentina],[http://wiki.dnapolicyinitiative.org/index.php?title=Brazil Brazil], [http://wiki.dnapolicyinitiative.org/index.php?title=Canada Canada], [http://wiki.dnapolicyinitiative.org/index.php?title=Chile Chile], [http://wiki.dnapolicyinitiative.org/index.php?title=Colombia Colombia], [http://wiki.dnapolicyinitiative.org/index.php?title=Jamaica Jamaica] and [http://wiki.dnapolicyinitiative.org/index.php?title=Uruguay Uruguay].

In Chile, a supreme court judgment in 2012 excluded young offenders from the registry. New legislation was adopted in [http://wiki.dnapolicyinitiative.org/index.php?title=Brazil Brazil] in 2012, with a view to expanding the DNA database. Detailed policy on implementation of the new law is still being developed. A new law is also planned in [http://wiki.dnapolicyinitiative.org/index.php?title=Jamaica Jamaica]. [http://wiki.dnapolicyinitiative.org/index.php?title=Trinidad_and_Tobago Trinidad & Tobago] adopted DNA legislation in 2007, which was revised in 2011, allowing a significantly expanded database.

The British Overseas Territory of [http://wiki.dnapolicyinitiative.org/index.php?title=Bermuda Bermuda] began setting up a DNA database in 2005, including DNA profiles of innocent people. It plans to include its whole population in future.

[http://wiki.dnapolicyinitiative.org/index.php?title=Panama Panama] is developing a DNA database and DNA databases are also planned in the [http://wiki.dnapolicyinitiative.org/index.php?title=Bahamas Bahamas] and [http://wiki.dnapolicyinitiative.org/index.php?title=Costa_Rica Costa Rica]. DNA database legislation is also being developed in [http://wiki.dnapolicyinitiative.org/index.php?title=Peru Peru]. According to the Interpol 2008 survey, new databases are also planned in [http://wiki.dnapolicyinitiative.org/index.php?title=Barbados Barbados](which adopted legislation in 2005), [http://wiki.dnapolicyinitiative.org/index.php?title=Cuba Cuba] and [http://wiki.dnapolicyinitiative.org/index.php?title=Venezuela Venezuela]. [http://wiki.dnapolicyinitiative.org/index.php?title=Mexico Mexico] has created a database of police officers, including DNA, and also wishes to establish a DNA database for missing persons.

Panama

2014-02-04T11:57:14Z

31.51.137.141:

Panama is currently working to implement a DNA database.

==Resources==
*External links
**[http://www.fbi.gov/news/pressrel/press-releases/fbi-brings-codis-software-to-panama FBI Brings CODIS Software to Panama (10th April 2012)]
**[http://panama.usembassy.gov/pr040912.html Embassy of the United States Panama: CODIS Letter of Agreement (9th April 2012)]

*Press articles
**[http://www.panama-guide.com/article.php/2012041014465314 Panama Guide: CODIS Letter of Agreement (10th April 2012)]

==Detailed analysis==

Law No. 80 of 23 November 1998<ref name="ftn1"><nowiki> Law No. 80 of 23 November 1998, 23684 [G.O.] 2 (Panama); see also Law No. 50 of 13 December 2006, 25692 [G.O.] 2 (Panama) (granting autonomy to the Panamanian Institute of Legal Medicine and Forensic Science); Law No. 69 of 27 December 2007, 25949 [G.O.] 2 (Panama) (consolidating all forensic and criminalistics activities within the Panamanian Institute of Legal Medicine and Forensic Science).</nowiki>

</ref>

Panama is presently working to implement a national DNA database under the auspices of the Institute of Legal Medicine and Forensic Science (''El Instituto de Medicina Legal y Ciencias Forenses'') (hereinafter “IML”).<ref name="ftn2"> Ministerio Público, Instituto de Medicina Legal y Ciencias Forenses, ''Informe de Gestión: Enero 2005 - Abril 2009''<nowiki> [Management Report: January 2005 - April 2009] 3-4, 26-27 (May 2009) (hereinafter “2009 Management Report”).</nowiki>

</ref> The IML, originally known simply as the Coroner’s Office, was established in 1942 under the auspices of the Ministry of Justice. 2009 Management Report at 5. In 1973 the office was transferred to the authority of the Attorney General. Id. Shortly thereafter in 1984 it was reorganized as the Institute of Legal Medicine as an agency of Panama’s Public Ministry. Id.

In 1998, Panama enacted Law No. 80 of Nov. 23, 1998,<ref name="ftn3"><nowiki> 23684 [G.O.] 2 (Panama) (hereinafter Panamanian Law No. 80)</nowiki>

</ref> which nominally established a national DNA database. In doing so, Panama became only the seventh country in the world to enact forensic DNA legislation.<ref name="ftn4"><nowiki> Osvaldo Castillo Ugarte, La identificación de criminales a través del ADN [The Identification of Criminals Through DNA ] 59-60 (Dec. 2005) (unpublished thesis, Pontificia Universidad Católica De Chile). </nowiki>

</ref> In addition, Law No. 80 also set out the basic operating procedures applicable to the database. In doing so, it stuck an odd balance between expansive government authority and a genuine sensitivity to the privacy implications of genetic technology. On the one hand, Law No. 80 authorizes Panamanian courts and prosecutors to compel the taking of DNA samples in certain enumerated circumstances, such as when making an application for Panamanian citizenship, attempting to purchase a firearm, or being subject to arrest for certain crimes. Specifically, it purports to require that the government collect DNA samples (1) when an individual is arrested for a crime in which there is genetic evidence against which a comparison can be made; (2) any individual presently incarcerated; (3) to determine familial relationship upon petition to the court; (4) from any individual seeking Panamanian citizenship, permanent residency, or a work visa; (6) when there is no other means of identifying a defendant; (7) from members of the armed forces, police, private security agencies, offices of the Institute of Legal Medicine, or any other person involved in criminal investigations; and (8) from individual applying permission to carry firearms.<ref name="ftn5"> Panamanian Law No. 80.

</ref>

Additionally, the law provides a “catch-all” provision whereby any “competent authority” that deems it “necessary” in the circumstances to compel a DNA sample from an individual. Law No. 80 provides in relevant part: “''<nowiki>Las tomas de muestras biológicas para los objetivos de esta Ley, se recabarán de acuerdo con las siguientes circunstancias y casos: . . . [si] cualquier otra persona de quien, según la naturaleza de la causa o circunstancia en la que se encuentre, previa solicitud de autoridad competente se considere necesario determinar su ADN</nowiki>''.” <nowiki>[The biological samples for the purposes of this Act, shall be collected under the following circumstances and cases:. . . [if] any other person who, according to the nature of the cause or circumstance where you are, at the request of competent </nowiki>authority considers necessary to determine their DNA.]<ref name="ftn6"> Id. at Art. 6, § 6.

</ref> Taken together, these provisions of Law No. 80 grant the Panamanian government almost plenary power to collect DNA samples from all manner of its citizens and place their genetic profile on the national database.

<nowiki>On the other hand, Law No. 80 explicitly acknowledges that DNA technology represents a significant threat to privacy, observing that it is “capable of providing more information that is strictly necessary” [“siendo susceptible de suministrar más información de la estrictamente necesaria”]. </nowiki><nowiki>It goes on to restrict the use of a suspects genetic information to “the essential requirements of each case” [“la </nowiki>exigencia indispensable de cada caso concreto”].<ref name="ftn7"> Id. at Art. 5, § 4.

</ref> What’s more, in Art. 5, § 5 the law expressly outlaws genetic discrimination in employment or for purposes of insurance. The United States would not adopt similar antidiscrimination legislation for another decade. Nevertheless, these privacy concerns notwithstanding, Law No. 80 fails to take the most basic step in preventing misuse of genetic information: mandating the destruction of all biological samples once DNA profiles have been derived. To the contrary, it specifically contemplates that the IML will retain “the profiles ''and''<nowiki> samples” [“los </nowiki>perfiles y muestras”].<ref name="ftn8"> Id. at Art. 15 (emphasis added).

</ref> The peculiarities of Law No. 80 aside, without the resources to adequately process these samples, a backlog of thousands of samples quickly accumulated effectively aborting Panama’s nascent DNA database.<ref name="ftn9"> 2009 Management Report at 27.

</ref>

Until 2005, the IML played a minor role in criminal investigations, offering expert medical services for both the government and private parties.<ref name="ftn10"> 2009 Management Report at 6.

</ref> It was perennially hampered by infrastructure constrains, limited and undertrained staff, and inadequate budgetary support.<ref name="ftn11"> Id. at 6, 27.

</ref> As part of a government-wide restructuring, the Panamanian legislature passed Law No. 50 of December 13 2006, which provided for IML autonomy from the Public Ministry.<ref name="ftn12"><nowiki> Law No. 50 of Dec. 13, 2006, 25692 [G.O.] 2 (Panama).</nowiki>

</ref> Finally, with the passage of Law No. 69 of December 27, 2007, the IML was charged with administering all of the nation’s criminalistics and forensics services. <nowiki>Law No. 69 of Dec. 27, 2007, 25949 [G.O.] 2 (Panama).</nowiki>

As a result of the consolidation of all state forensic activity within the IML, as well as a dramatic increase in funding, the agency expanded to its present size of over six hundred staff. 2009 Management Report at 8-10. With greatly expanded capacity and resources, on March 27, 2007 ILM opened a new DNA processing laboratory at Ciudad del Saber.<ref name="ftn13"> 2009 Management Report at 26.

</ref> It is hoped that with this new facility, the IML will finally be able to fulfill the duties ascribed to it in Law No. 80.<ref name="ftn14"> 2009 Management Report at 27-27; Panamanian Law No. 80.

</ref>

----
<references/>

Bahamas

2014-02-03T18:53:18Z

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A DNA database is planned in the Bahamas.

== Resources ==
* External links
* Press articles
** [http://www.thenassauguardian.com/index.php?option=com_content&view=article&id=16594&Itemid=27 Nassau Guardian: Police advancing plans for local forensics lab (15th November 2011)]
** [http://freeport.nassauguardian.net/national_local/372862989894516.php The Freeport News: Bahamas to get forensic lab, McCartney to head project (20th April 2011)]
** [http://freeportarchive.nassauguardian.net/pubfiles/fpt/archive/images_pages/16092010_A20.pdf Freeport News: Police Bill brings rights concerns: page 1 (16th September 2010)]
** [http://freeportarchive.nassauguardian.net/pubfiles/fpt/archive/images_pages/16092010_A22.pdf Freeport News: Police Bill brings rights concerns: page 2 (16th September 2010)]
**[https://www.promega.com/~/media/files/resources/conference%20proceedings/ishi%2011/oral%20presentations/carey.pdf?la=en Carey J (2000) DNA INITIATIVES IN THE CARIBBEAN]

Costa Rica

2014-02-03T18:45:32Z

31.51.137.141:

==Overview==
Costa Rica is planning a DNA database and has been provided with CODIS software by the USA.

==Resources==
*External links
**[http://costarica.usembassy.gov/codis.html US Embassy, Costa Rica: Database of genetic profiles (26th June 2013)]
**[http://csi8.wordpress.com/category/costa-rica-missing-person/ Costa Rica Private Investigator: FBI Shares CODIS Technology with Costa Rica (27th June 2012)]
**[http://www.fbi.gov/news/pressrel/press-releases/fbi-brings-codis-software-to-costa-rica FBI: FBI Brings CODIS Software to Costa Rica (10th April 2012)]
**[http://www.iij.ucr.ac.cr/download/file/fid/633 Madrigal(2012) Universidad de Costa Rica: Archivo de Huellas Geneticas de Costa Rica]

*press articles

==Detailed Analysis==
Prior to the introduction of DNA analysis as a means of determining paternity, Costa Rica utilized the significantly less accurate “blood group” method in cases of disputed parentage.<ref name="ftn1"> Ana Isabel Morales, Bernal Morera, & Gerardo Jiménez-Arche, La implementación forense de la tecnología del ADN en Costa Rica: Un análisis retrospectivo, 52 Rev. Biol. Trop. 695, 697 (2004).

</ref> When genetic technology became available in Costa Rica, the laws and regulations that had been enacted to accommodate the outdated technology<ref name="ftn2"><nowiki> e.g. Código de Familia, Ley Orgánica del Organismo de Investigación Judicial, Código Procesal Penal [GET PROPER CITES]</nowiki>

</ref> were applied to the government’s applications of DNA analysis.<ref name="ftn3"> See supra note 414, at 697.

</ref>

Between 1992 and 1993, acting on the advice of the scientific community, the Judiciary initiated the restructuring (both administratively and physically) necessary to allow forensic DNA analysis in criminal investigations and trials.<ref name="ftn4"> See supra note 414, at 697.

</ref> Around the same time, the Research Center for Cellular and Molecular Biology at the University of Costa Rica began performing DNA analyses (specifically, deriving so-called DNA “fingerprints” or profiles).<ref name="ftn5"> See supra note 414, at 697-98; Angela Avalos Rodríguez, ¿Cómo demostrar la paternidad?, La Nación (Costa Rica), July 6, 1997.

</ref> Numerous profiles produced by the University’s genetic analyses were later admitted as evidence in Costa Rican courts.<ref name="ftn6"> See supra note 414, at 697-98.

</ref> While the bulk of the University’s work focused on paternity cases, they the government in criminal matters as well.<ref name="ftn7"> See supra note 414, at 968; ''see also'' J.F. Cordero, La ciencia al uxilio, La Nación (Costa Rica), July 31, 1995, at 10A; A. Marrero, Existía relación entre Ciro Monge, Karen, “Pimpo” y “41,” Diario Extra (Costa Rica), Aug. 10, 1995, at 8A.

</ref>

Beginning in 1995, the government undertook a program to establish and equip a genetics laboratory under the auspices of Department of Judicial Investigation (el Organismo de Investigación Judicial) (hereinafter “OIJ”).<ref name="ftn8"> See supra note 414, at 698.

</ref> By the end of 1997, the Forensics Genetic Unit (Unidad Genética Forense) (hereinafter “UGF”) of the OIJ’s Department of Biochemistry (Sección de Bioquímica) was fully operational.<ref name="ftn9"> See supra note 414, at 702.

</ref> Like the University’s laboratory, the UGF assisted the Court in cases of disputed paternity as well as aided the OIJ in the course of criminal investigations.<ref name="ftn10"> See supra note 414, at 698.

</ref>

Compared to the forensic technology formerly used by the Court and OIJ, the genetic analysis conducted by the UGF increased the certainty in paternity cases from 75 per cent to 98.8 per cent and in cases of identity inclusion/exclusion from 13.3 per cent to over 99 per cent.<ref name="ftn11"> See supra note 414, at 698-99.

</ref> In addition to work for the Court and OIJ, the UGF undertook a thorough study of the genetic makeup of the Costa Rican population.<ref name="ftn12"> See supra note 414, at 699.

</ref> Unlike previous population genetic analysis in Costa Rica, the UGF study comported with internationally-recognized standards of procedure and technology.<ref name="ftn13"> See supra note 414, at 699.

</ref> As such, it was the first to be acknowledged by the international forensic science community.<ref name="ftn14"> Ana Isabe Morales et al., Allele Frequencies of Markers LDLR, GYPA, D7S8, HBGG, GC, HLA-DQA1, and D1S8 in the general and minority populations of Costa Rica, 124 Forensic Sci. Int’l 1 (2001)

</ref> What’s more, it provided the basis from which UGF produced identification statistics in criminal investigations and trials.<ref name="ftn15"><nowiki> See supra note 414, at 697-99; Bernal Morera et al., Genotype Profiles for the Costa Rican Population at 7PCR-baced Loci, 52 Rev. Bio. Trop. 713, 713 (2004) (observing that the study “supported the first application of [DNA] technology into the Costa Rican courtrooms”).</nowiki>

</ref>

One of the unremitting problems the UGF faces is understaffing and insufficient funds. As such, in 2003 it took the laboratory an average of six months between receipt of sample material and delivery of a genetic profile report.<ref name="ftn16"> Supreme Council of the Judiciary, Session No. 31-03, Art. XLIV (Mar. 25, 2003).

</ref> Also, perennially tight budgets and the lag between the adoption of new technology between Costa Rica and more advanced nations, no uniform set of STRs was adopted as the basis of their DNA profiles.<ref name="ftn17"> See supra note 414, at 702.

</ref> The result is that, at least until the later half of the present decade, it was not possible to exchange DNA profiles with other nations due to incompatibility.<ref name="ftn18"> See supra note 414, at 702.

</ref>

Costa Rica has no national or regional DNA databases, and continues to use DNA profiles solely on a case-by-case basis. However, there are indications that the OIJ is looking to establish a national DNA database. During the Sixth Meeting of the Iberoamerican Academy of Criminology and Forensic Studies in 2007, Dr. UGF head Marvin Zuniga Salas reported that he met with Mr. Thomas F. Callaghan of the FBI.<ref name="ftn19"> Supreme Council of the Judiciary, Session No. 42-07, Art. L (June 7, 2007), quoting Marvin Zuniga Salas, Note No. 0218-DCF-2007 (May 25, 2005).

</ref> During this meeting, Costa Rica’s acquisition of the CODIS software was disused. Dr. Salas’s report to his superiors states that he and Mr. Callaghan entered into a preliminary agreement whereby the FBI would provide the software to the Costa Rican government.<ref name="ftn20"> Id.

</ref> During the OIJ’s 2008 budget workshop, an oblique reference was made to an Electronic Archive of DNA Profiles for Criminal Investigations Project (Archivo Electrónico de Perfiles de AND para Identificación Criminal), however no subsequent reference to this project can be found anywhere.<ref name="ftn21"> High Councel, Act. No. 10, Art. IV (2008).

</ref>

----
<references/>

International resources

2014-02-03T18:39:39Z

31.51.137.141:

This page contains resources which cover more than one country or sharing of DNA profile matches between countries.
Sharing of DNA profile matches within the European Union is included on the [http://wiki.dnapolicyinitiative.org/index.php?title=Europe Europe] page, alongside resources which cover more than one European country. There are also further international resources on the [http://wiki.dnapolicyinitiative.org/index.php?title=Interpol Interpol] page.

The EU's Pruem data-sharing agreements have led to a series of bilateral agreements between EU countries and the United States. The Gulf States are also considering sharing DNA profile matches across borders.
==Resources==
*External links
**[http://www.forensicmag.com/topics/dna Forensic Magazine]
**[http://www.asianforensic.net/ Asian Forensic Sciences Network]
**[http://www.slagf.org.ar/a2/index.cfm?aplicacion=PAK004 Soc. Latinoamericana de Genetica Forense]
**[http://www.justice.gov/criminal/icitap/programs/forensics.html The US International Criminal Investigative Training Assistance Program (ICITAP): Forensics]
**[http://www.promega.co.uk/products/pm/genetic-identity/ishi-conference-proceedings/proceedings-index-home/ Promega: International Symposium on Human Identification Conference Proceedings (1991 to date)]
**[http://forensicconnect.wordpress.com/ Promega: Forensic Connect] Industry news site.
**[http://rapiddna.org/ The Global Alliance for Rapid DNA] Industry lobby group.
**[http://www.dnaresource.com/ DNAResource.com] Website including an international map of DNA databases and policy information, produced by lobbyists Gordon Thomas Honeywell on behalf of the DNA testing industry (Life Technologies).
**[http://www.state.gov/s/l/treaty/caseact/index.htm US Department of State: Reporting International Agreements to Congress under Case Act] Lists all international agreements by year.
** [http://www.justice.govt.nz/policy/criminal-justice/copy_of_organised-crime/national-interest-analysis Ministry of Justice: NATIONAL INTEREST ANALYSIS Agreement between the Government of the United States and the Government of New Zealand on Enhancing Cooperation in Preventing and Combating Crime (September 2013)]
**[http://www.ic-mp.org/press-releases/icmp-launches-online-dna-database-to-assist-dna-laboratories-and-manufacturing-companies-icmp-pokrece-online-bazu-dnk-podataka-za-pomoc-laboratorijima-i-proizvodnim-kompanijama/ International Commission on Missing Persons: ICMP Launches Online DNA Database to Assist DNA Laboratories and Manufacturing Companies (23rd August 2013)]
**[http://www.slideshare.net/afiodorova/dna-evidence-international-framework Fiodorova (2012): International DNA Framework]
** [http://www.state.gov/documents/organization/206376.pdf Agreement between the Government of the United States and the Government of Ireland on Enhancing Cooperation in Preventing and Combating Crime (21st July 2011)] According to the US Treaty website, this entered into force 19th October 2012. However, Ireland has not yet adopted its DNA database law.
** [http://www.state.gov/documents/organization/179966.pdf Agreement between the Government of the United States and the Republic of Croatia on Enhancing Cooperation in Preventing and Combating Crime (16th February 2011)] Entered into force 19th August 2011.
**[https://zoek.officielebekendmakingen.nl/trb-2010-321.html Agreement between the Government of the Kingdom of the Netherlands and the Government of the United States of America on enhancing cooperation in preventing and combating serious crime (19th November 2010)] In Dutch and English.
** [http://www.state.gov/documents/organization/169476.pdf Agreement between the Government of the United States and the Kingdom of Denmark on Enhancing Cooperation in Preventing and Combating Crime (14th October 2010)]
** [http://www.state.gov/documents/organization/203064.pdf Agreement between the Government of the United States and the Republic of Finland on Enhancing Cooperation in Preventing and Combating Crime (17th March 2010)] Entered into force 1st August 2012.
**[http://www.rand.org/content/dam/rand/pubs/technical_reports/2010/RAND_TR918.pdf Rand Corporation: Toward a Comparison of DNA Profiling and Databases in the United States and England (2010)]
** [http://www.state.gov/documents/organization/178173.pdf Agreement between the Government of the United States and the Government of the Hellenic Republic on Enhancing Cooperation in Preventing and Combating Crime (28th June 2009)] Entered into force 17th September 2010.
** [http://www.state.gov/documents/organization/147088.pdf Agreement between the Government of the United States and the Kingdom of Spain on Enhancing Cooperation in Preventing and Combating Crime (23rd June 2009)] Entered into force 20th July 2010.
** [http://www.state.gov/documents/organization/143684.pdf Agreement between the Government of the United States and the Government of the Czech Republic on Enhancing Cooperation in Preventing and Combating Crime (12th November 2008)] Entered into force 1st May 2010.
** [http://www.state.gov/documents/organization/195777.pdf Agreement between the Government of the United States and the Portuguese Republic on Enhancing Cooperation in Preventing and Combating Crime (30th June 2009)] According to the US Treaty website this entered into force 29th November 2011. However, it has not yer been submitted for approval to the Portuguese parliament.
** [http://www.state.gov/documents/organization/122073.pdf Agreement between the Government of the United States and the Government of the Republic of Korea on Enhancing Cooperation in Preventing and Combating Crime (7th November 2008)] Entered into force 29th December 2008. Refers to fingerprints only.
** [http://www.state.gov/documents/organization/169483.pdf Agreement between the Government of the United States and the Government of the Republic of Lithuania on Enhancing Cooperation in Preventing and Combating Crime (29th October 2008)] Entered into force 20th July 2010.
** [http://www.state.gov/documents/organization/130162.pdf Agreement between the Government of the United States and the Slovak Republic on Enhancing Cooperation in Preventing and Combating Crime (8th October 2008)] Entered into force 17th April 2009.
** [http://www.state.gov/documents/organization/180611.pdf Agreement between the Government of the United States and the Government of Malta on Enhancing Cooperation in Preventing and Combating Crime (3rd October 2008)] Entered into force 11th October 2011.
** [http://www.state.gov/documents/organization/169463.pdf Agreement between the Government of the United States and the Government of Germany on Enhancing Cooperation in Preventing and Combating Crime (1st October 2008)] Entered into force 19th April 2011.
** [http://www.state.gov/documents/organization/121138.pdf Agreement between the Government of the United States and the Government of the Republic of Hungary on Enhancing Cooperation in Preventing and Combating Crime (1st October 2008)] Entered into force 1th December 2008.
** [http://www.state.gov/documents/organization/168857.pdf Agreement between the Government of the United States and the Government of the Republic of Latvia on Enhancing Cooperation in Preventing and Combating Crime (29th September 2008)] Entered into force 20th July 2010.
** [http://www.state.gov/documents/organization/120634.pdf Agreement between the Government of the United States and the Government of the Republic of Estonia on Enhancing Cooperation in Preventing and Combating Crime (29th September 2008)] Entered into force 5th November 2008.
**[http://www.state.gov/documents/organization/107307.pdf Agreement between the United States of America and Eurojust (6th November 2006)] Entered into force 19th December 2006. General agreement between the US and EU on cooperation and data-sharing to combat crime and terrorism.

*Press articles
**[http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11126185 New Zealand Herald: Fingerprint data shared with US (18th September 2013)]
** [http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=400951&version=1&template_id=36&parent_id=16 Gulf Times: GCC mulls sharing personal data in war against crime, terror (26th November 2010)]