FDNAPI Wiki - User contributions [en]

Pakistan

2013-10-01T21:53:05Z

86.129.244.182:

Pakistan is planning to set up a DNA database.

== Resources ==
*External links
**[http://www.nfsa.gov.pk/ National Forensic Science Agency (Pakistan)]
**[http://pfsa.gop.pk/ Punjab Forensic Science Agency]
**[http://www.omicsonline.org/2157-7145/2157-7145-3-170.php?aid=10374 Akram & Farooqi (2012): DNASF: A Statistical Package to Analyze the Distribution and Polymorphism of CODIS STR Loci in a Heterogeneous Population]
**[http://www.defence.pk/forums/pakistan-defence-industry/109764-world-forensic-science-laboratory-project-lahore-new.html Pakistan Defence: Forensic science laboratory project near completion (7th May 2011)]
**[http://www.promega.com/~/media/files/resources/conference%20proceedings/ishi%2019/poster%20abstracts/poster56.pdf?la=en Hussain et al (2008): ANALYSIS OF CODIS AND Y-STR LOCI IN DIFFERENT PAKISTANI ETHNIC GROUPS]
* Press articles
**[http://www.rferl.org/content/pakistan-islamic-council-rape/25112750.html Radio Free Europe: Pakistani Clerics Reportedly Reverse Course On DNA Evidence In Rape Cases (25th September 2013)]
**[http://www.channelnewsasia.com/news/asiapacific/pakistan-doctor-who/823262.html Channel News Asia: Pakistan doctor who helped track down Osama set for retrial (23rd September 2013)]
**[http://tribune.com.pk/story/592093/denied-the-right-to-identity/ The Express Tribune: Invisible Pakistanis: Denied the right to identity (19th August 2013)]
**[http://dawn.com/news/1023045 DAWN: Rapes cases: Bill calls for making DNA tests mandatory (6th July 2013)]
**[http://www.khaleejtimes.com/kt-article-display-1.asp?section=international&xfile=data/international/2013/january/international_january1154.xml Khaleej Times: Policeman protecting Pak polio team killed (29th January 2013)] Vaccination shooting linked to concern about surreptitious DNA collection.
** [http://news.yahoo.com/ap-newsbreak-kashmir-wont-dna-test-mass-graves-112723438.html AP: Kashmir Won't Test Mass DNA Graves (6th Sept 2012)]
**[http://www.khaleejtimes.com/kt-article-display-1.asp?section=newsmakers&xfile=data/newsmakers/2012/june/newsmakers_june27.xml Khaleej Times: Pakistan's Dr Afridi, from CIA asset to solitary cell (25th June 2012)]
** [http://tribune.com.pk/story/394801/forensic-science-agency-hiring-of-consultant-scientists-irregular-say-auditors/ Express Tribune: Pakistan Forensic Science Agency Charged with Irregular Hiring (18th June 2012)]
** [http://www.guardian.co.uk/world/2011/jul/11/cia-fake-vaccinations-osama-bin-ladens-dna The Guardian: CIA organised fake vaccination drive to get Osama bin Laden's family DNA (11th July 2011)]
** [http://tribune.com.pk/story/182544/big-guns-new-head-at-forensics-department-says-facelift-needed/ Express Tribune: Big guns: New head at forensics department says facelift needed (5th June 2011)]
** [http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/08-Apr-2010/Govt-planning-to-have-citizens-DNA-database-Malik The Nation: Govt planning to have citizens' DNA database (8th April 2010)]
** [http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=353998&version=1&template_id=41&parent_id=23 Gulf Times: Pak government plans citizens' DNA database (8th April 2010)]
** [http://www.dailytimes.com.pk/default.asp?page=2010%5C04%5C08%5Cstory_8-4-2010_pg7_26 Daily Times: Gwadar airport to cost Rs 7.6bn, Mukhtar tells Senate (8th April 2010)]

Oman

2013-10-01T11:41:14Z

86.129.244.182:

Interpol's 2008 survey lists Oman as a country where a DNA database is planned.

== Resources ==
*External links
** [http://www.alkhulifah.com/our-companies-partners-agents/144-2/ Advanced Biotechnology Center]
* Press articles
** [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)]

Norway

2013-10-01T11:37:45Z

86.129.244.182:

The 2008 Interpol survey reports that 2,115 crime scene DNA profiles and 8,944 individuals' profiles were held in Norway at the time of the survey.

==Resources==
*External links
**[http://brage.bibsys.no/politihs/bitstream/URN:NBN:no-bibsys_brage_16984/5/it%20all%20happened%20%20so%20slowly.pdf Dahl, JY & Saetnan, AR (2009). "It all happened so slowly": On controlling function creep in forensic DNA databases]
**[http://www.ub.uio.no/ujur/ulovdata/lov-19810522-025-eng.pdf Norway: Criminal Procedure Code (as amended 30th June 2006)]
*Press articles

==Detailed analysis==

Criminal Procedures Act<ref name="ftn1"><nowiki> Straffeprosessloven [strpl] [Criminal Procedures Act] 12:158, 12:160, 12:160a (Nor.).</nowiki>

</ref>

Law Regulating the Prosecuting Authority<ref name="ftn2"><nowiki> Chs. 10, 11a Forskrift om ordningen av påtalemyndigheten (påtaleinstruksen) [Law Regulating the Prosecuting Authority] ([Norsk Lovtidend] 1985:1679) (Nor.).</nowiki>

</ref>

Chapter 10<ref name="ftn3"> '''Chap.10. Physical examination of suspects. '''

'''§ 10-1.''' ''When the suspects can be subjected to physical examination''

       Physical examination may be made against the suspects with reasonable grounds for an action which by law can lead to freedom of punishment, when it is believed to be of importance for the enlightenment of the case and does not appear as a disproportionate interference.If the terms of consent in writing, can be obtained biological material with a view to conduct a DNA analysis without regard to whether there are reasonable grounds for suspicion.

       This applies even if the punishment can not be imposed because of the provisions of Penal Code § 44 or § 46It also applies when the state has meant that the suspect has not been expelled sake.

The provisions of this instruction makes no changes to the freedom to make purely external examination of the body and clothing, etc. under the rules of search warrants, see Criminal Procedure Law § § 192 et seq

<div align="right">0</div>

Amended by regulations 5 September 1997 No. 961, October 24, 2003 No. 1261.

'''§ 10-2.''' ''Decision of the Court of physical examination''

       Without the suspect's consent to physical examination only made after the court ruling has given permission to the survey.

       Prosecutors will decide whether the court's permission to physical examination of the suspects will be requested.The request shall contain a brief description of the action and the suspicion is the reason why the investigation must be assumed to be important for that information. Moreover, the petition shall specify what the investigation will go on.

Before it decides the physical examination of the suspects, they should be as far as possible and advisable access to express themselves.

'''§ 10-3.''' ''Decision by prosecutors on physical examination''

       If the purpose of the investigation would otherwise be forfeited, the prosecuting authority on their own give orders that will be conducted physical examination of suspects.To order comes into this case instead of ruling by the court.

       The order shall be in writing and reasoned.It should specify what the investigation will go on. If the purpose of the investigation would otherwise be forfeited, the order is given orally, but shall in such case recorded as soon as possible.

The rules in § 10-2, third paragraph applies correspondingly.

'''§ 10-4.''' ''Restrictions on freedom of investigation etc.''

       Physical examination can only be made to the extent it can be done without danger or significant pain for the suspects.Do not make gastroscopy (stomach examination) or take a urine sample using a catheter.

       Otherwise, the survey is always undertaken as regards fully as possible.It will be no more intrusive than is necessary, and should be performed on a minimal invasive manner.

       There must be only used force in the extent and as long as is necessary to complete the survey in satisfactory manner.It can not force that involves danger or significant pain for the suspects.

'''§ 10-5.''' ''Who can make physical examination''

       The following investigations should only be performed by qualified health personnel, and preferably, when it can be done without the purpose of the survey forfeited, by a physician or by decree of the physician in each case:

a)Blood Sampling  

b)Investigation using X-ray

c)Examination of the rectum or vagina

d)Study by enema or supply of emetic or purgative

e)Other interventions that require medical know-how.

       Study by enema or supply of emetic or purgative that is not performed by a physician, must only be undertaken under the supervision of a physician.Exploration of the use of rektoskop must only be undertaken by a doctor.

In addition to physical examination, such as urine, utåndingsprøve (alcotest) and examination of the mouth, carried out by the police.

'''§ 10-6.''' ''The practical implementation of the survey''

       Prior to the survey conducted, the decision or order the physical examination read to or be displayed suspects.There is no written decision shall be stated what the issue is and what the survey should go out on.

       If the survey will only be present persons who are required by the terms of the implementation of the survey.The place has a duty to preserve secrecy to unauthorized use of what they have observed.

       After consideration of decency dictate, they will present people as far as possible be of the same sex as suspect.This does not apply for health professionals taking part in the survey.

       When the survey is made, it should if possible be present a witness who is not ugild under the rules of Court Act § 110, second paragraph.

Examination of more extensive or intimate nature can only be done indoors and in a separate room separated.

'''§ 10-7.''' ''A written statement of the survey''

       Experts who assist prosecutors, will provide a written statement about the investigation under the provisions of the Criminal Procedure Act § 153, third paragraph.

If the survey is conducted by the police, see § 10-5, last paragraph, should a similar written statement given by the competent police officer.

'''§ 10-8.''' ''Report''

       It will be on site or as soon as possible put up a report of physical examination that is conducted pursuant to the provisions of the Criminal Procedure Act § 157The report should provide information about:

a)Suspect's name, date of birth and residence, and what the suspicion is

b)The court's ruling, any prosecution ordered the investigation

c)Who has made the investigation and when it occurred

d)What kind of investigation that was undertaken and the results of it, possibly by a reference to the written statement prepared in connection with the investigation.

       The report shall be signed by the report printer, and in the case of the witness.

When the report comes to physical examination as specified in § 10-5 first paragraph b to e, shall be an extra copy of archived separately to use for reporting under § 10-9.

'''§ 10-9.''' ''Reporting etc.''

       At each turn of the year will be a copy of the reports mentioned in § 10-8, third paragraph sent to the Attorney General.

       Prosecutor brings statistics of the different types of physical examinations as it enters report.Prosecutor submit every year the statistics of the Ministry of Justice with the notes he believes the matter had to front seats.

The Ministry may obtain further information about the police and prosecution's handling of cases where it has filed or made physical examinations - both generally and with respect to specific cases.

</ref> of the Law Regulating the Prosecuting Authority governs physical examinations of suspects, while Chapter 11a<ref name="ftn4"> '''Chapter 11a.Central register of DNA profiles ('''The entire section was amended by regulation 8 August 2008 No. 883 (effective September 1, 2008)).

'''§ 11a-1.''' ''Central DNA register''

       At NCIS be a central DNA register that consists of an identity register, a register investigation and a trail register.

       The DNA profile is meant in this chapter, the results of an analysis of biological material to determine a person's identity.The DNA profile is expressed by a number combination. Profiles detected in the DNA index is referred to as identity profiles, investigative profiles and track profiles.

       The identity of the register can be registered

a)it is imposed as a punishment for an act which by law can lead to freedom punishment. Registration can only occur when the decision is legally enforceable or the case is finally decided. Action that it is made out simplified procedures for, does not provide a basis for registration

 

b)it can not be sentenced to punishment for an act that would qualify for registration because of the provisions of Penal Code § 44 or § 46 The same applies when the state has meant that they have not expelled the sake

c)the working or living in Norway and has committed an act that could have led to freedom of punishment if it had been committed in Norway and abroad who are serving a penalty corresponding to those mentioned in the Penal Code § 15

d)the requests for reasons that are comprehensive.

       In the investigation register recorded all the DNA profiles obtained on the basis of biological material obtained pursuant to the Criminal Procedure Act § 158, first paragraph.Once the police have taken a decision on registration in the identity register, the person's DNA profile is transferred from investigations to register the identity register.

       In track registry may register information about the persons of unknown identity when the information is believed to be related to the unsolved criminal case.

       Mixing profile can be recorded in the track index only if the profile consists of unidentified persons.The same applies if the profile is partly identified and the identified dead. If the profile is partly identified and that are identified are alive, shall be obtained prior written consent of the person in order to add the mixture in the register.

'''§ 11a-2.''' ''Elimination Register''

       At NCIS be an elimination registry.The elimination registry may register information obtained pursuant to the Criminal Procedure Act § 158, second paragraph, the employees of the police, analysis and other institutions with known identity who regularly comes into contact with crime scenes and evidence. Profiles recorded in the register referred to as the elimination elimination profiles.

       The purpose of registration is to prevent the profile of people who are not related to the criminal action, are recorded in the track index.

       Registration in the elimination registry is voluntary and requires the written consent of the registered.

       The biological material should be disposed of when the purpose of the survey is achieved.The police need to delete the elimination profile when the purpose of investigations is achieved or the reference person does consent back.

       Analysis institution can store profiles for the sole purpose of documenting their activities.The information can not be used for other purposes.

'''§ 11a-3.''' ''Search the Registry''

       Profiles in Identity Register, the Register investigation and track the register are mutually searchable.

       The DNA profile from the unidentified same can be applied against identity register and the register investigation for the purpose of identification.The DNA profile from the unidentified same can be applied to track the register if there is evidence that the deceased may have been involved in criminal offenses.

DNA profile identified from the same can be applied to track the register if there are reasonable grounds to suspect that the deceased may have committed a crime which by law could have led to freedom of punishment.

'''§ 11a-4.''' ''Reference Samples from individuals with legitimate connection to the scene or object''

       Information from reference persons with legal connection to the scene or object can be obtained pursuant to the Criminal Procedure Act § 158, second paragraph, if the person consents in writing.Profiles that are treated under this provision is referred to as the reference profiles.

       The purpose is to prevent the profile of people who are not related to the criminal action, are recorded in the track index.

       The biological material should be disposed of when the purpose of the survey is achieved.The police need to delete the reference profile when the purpose of investigations is achieved or the reference person does consent back.

       Analysis institution can store profiles for the sole purpose of documenting their activities.The information can not be used for other purposes.

'''§ 11a-5.''' ''The procedure for the treatment of baseline samples''

       Is it collected reference samples should these be sent for analysis along with the other track material in the case.

       If there is any benchmark tests of the case to analyze the institution comparing these with track profiles before the analysis results sent to the Criminal Police for registration.

       In the absence of reference samples in the case to trace the material analyzed and the track profile of NCIS immediately sent for registration in the registry tracks.

       Reference Samples collected in retrospect, to be compared with track profiles in the case.If these match the unidentified profiles that NCIS has received, to analyze the institution in writing notify NCIS so that the profile is deleted from the registry tracks.

Before track profiles recorded in the track register is to be made search in elimination index.

'''§ 11a-6.''' ''According to the laws and the right of access''

       Anyone who is registered in the identity register to be notified about this without undue delay.

       It registered the right to be informed what information is recorded about himself in the identity register or register investigation.Others may not provide information about the Register's content.

'''§ 11a-7.''' ''Disclosure of information''

       The duty of confidentiality does not prevent the information from DNA index disclosed to foreign law enforcement agency or other foreign authority responsible for DNA registration.

       The information in the DNA index can be delivered to the research when there is reasonable and does not cause disproportionate inconvenience to other interests.The decision on disclosure of information on research made by the Public Prosecutor. If such consent is given to the time stipulated conditions deemed necessary to ensure sustainable management of the information. The provision in § 3-5 shall apply accordingly.

'''§ 11a-8.''' ''The deletion and destruction''

       Identity Profile will be deleted if it is registered and legally binding acquitted after resumption.Otherwise, the identity profile will be deleted no later than 5 years after that the police are notified of the death from the National Registry.

       The information in the investigation registry should be deleted when it signed a legally acquitted or the case ends in any other way without the conditions for registration of the identity register is met.This does not apply if the conditions for registration in connection with another matter is present.

       Biological material that has been the basis for analysis of DNA profiles should be discarded as soon as the registration of the profile has taken place.Track Materials that are believed to be related to the unsolved criminal case can be kept as long as there is appropriate.

'''§ 11a-9.''' ''Appeals''

       The prosecuting authority's decision on the processing of information, access and deletion of DNA index and elimination index can be appealed to the immediate superior prosecuting authority.The rules in Chapter VI of the Public Administration Act applies as appropriate.

'''§ 11a-10.''' ''Manager Responsibilities of further''

       Chief of Criminal Police is responsible for processing DNA index and elimination index.Only the data manager or the one he has authorized access to the register.

       Data Processing, including analysis institutions, can not process information other than that provided by written agreement or instruction.The information can not be without such an agreement are left to the other for storage or processing.

       Analysis The institution will carry out analysis of the material submitted by the police.The contract shall be made in writing. The client is responsible for ensuring that the conditions for collection and analysis of the material is present.

'''§ 11a-11.''' ''Storage and printing of the DNA profile''

       DNA profile may only be kept by the management responsible and those who perform DNA analysis, unless otherwise specified.

It can be output from the DNA profile if it is necessary in connection with the use of DNA traces in the investigations or iretteføringen of a criminal case.

'''§ 11a-12.''' ''Supplementary guidelines''

Prosecutor may issue more detailed guidelines for completing and implementing the provisions of this chapter, including the criminal offenses that will be a priority in connection with registration in the DNA registry.

'''§ 11a-13.''' ''Transition Rules''

       When the conditions are otherwise satisfied to DNA profiles collected before the Act of 18 January 2008 No. 3 on the expansion of the DNA registry and Act 27 June 2008 No. 67 on DNA forensics register comes into force, is registered in the Register investigation.

It can be collected biological material and made the registration of the identity register of people who get a court ruling after the entry into force of the laws mentioned in the first paragraph.

</ref> regulates the National DNA database.

----
<references/>

Namibia

2013-09-30T18:24:06Z

86.129.244.182:

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

</ref> However, developments are at an early stage, with DNA identified as one part of a strategic plan to modernise policing.

==Resources==
*External links
**[http://allafrica.com/stories/201305272004.html New Era: Namibia: Nampol Goes Hi-Tech (27th May 2013)]
*Press artciles

----
<references/>

Libya

2013-09-30T13:29:10Z

86.129.244.182:

According to the 2008 Interpol survey, Lesotho plans to build a DNA database.

==Resources==
*External links
**[http://www.dna-worldwide.com/academy/news/2013/04/30/libya-dvi-testing/ DNA Worldwide: Rapid Victim DNA Testing Identifies Family member killed by Gadafi Militia in Libya (30th April 2013)]
**[http://www.ic-mp.org/press-releases/icmp-libya-sign-agreement/ ICMP: ICMP and Libyan Government Sign an Agreement on Cooperation Concerning Missing Persons (12th November 2012)]
*Press articles

Kuwait

2013-09-27T15:54:36Z

86.129.244.182:

Kuwait set up its DNA database in 2002. It has no specific DNA database legislation. There have been renewed calls in 2012 for expansion.

The 2008 Interpol survey reports that 393 crime scene DNA profiles and 3,958 individuals' profiles were held in Kuwait at the time of the survey.

==References==
*External links
**[http://www.ic-mp.org/icmp-worldwide/middle-east/kuwait/ ICMP: Kuwait]
*Press articles
**[http://www.kuna.net.kw/ArticleDetails.aspx?id=2234875&language=en Kuwait News Agency: Kuwait Genetic Conference Urges creation of National DNA Database (18th April 2012)]
**[http://www.gulfinthemedia.com/index.php?m=economics&id=544472&lim=220&lang=en&tblpost=2010_11&PHPSESSID=062 Gulf Times: GCC mulls sharing personal data in war against crime, terror (26th November 2010)]
**[http://www.kuna.net.kw/ArticlePrintPage.aspx?id=2022372&language=en Kuwait News Agency: Kuwait is still suffering unknown fate of missing PoWs (29th August 2009)]
**[http://www.kuna.net.kw/ArticlePrintPage.aspx?id=1584042&language=en Kuwait News Agency: Interior Ministry Undersecretary confirms ministry's readiness at all times (2nd November 2005)]

Kosovo

2013-09-27T15:49:36Z

86.129.244.182:

==Resources==

*External links
**[http://www.ic-mp.org/icmp-worldwide/southeast-europe/un-administered-kosovo/ ICMP: Kosovo]

*Press articles
**[http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2013/05/09/feature-03 SETimes: New DNA database will increase crime fight, co-operation abilities (9th May 2013)]

Iceland

2013-09-27T14:15:16Z

86.129.244.182:

__TOC__

== Overview ==

Iceland has maintained a forensic DNA database since 2008 under the authority of the National Commissioner of Police and the Ministry of Justice. There are actually two databases: the Identification Database and the Trace Database. The Identification Database contains DNA profiles of individuals that have been convicted of certain serious crimes, including attempt or conspiracy to commit those crimes. Once a profile has been entered, the biological sample from which it was derived must be destroyed. Profiles in the Identification Database can only be used in the criminal proceeding for which they were created, except in “urgent circumstances.”<ref name="ftn1"> “brýnar ástæður”</ref> When someone’s profile has been entered into the Identification Database, the authorities must provide an explanation why. Anyone may petition the government to challenge their having been included in the Identification Database. If a person convicted of a serious crime is subsequently acquitted or otherwise exonerated, their DNA profile must be deleted from the Identification database as soon as possible in the circumstances.

The Trace Database contains unidentified genetic profiles found at crime scenes. After a profile has been entered, the biological sample from which it was derived may be retained for as long as is necessary to investigate suspected criminal activity. Searching between the two databases to find a match is allowed. The DNA profiles of known individuals that have not been entered into the Identification Database may not be compared with profiles in the Trace Database, unless it there are “reasonable grounds to suspect”<ref name="ftn2"> “rökstuddur grunur um”</ref> that that person has committed a serious crime.

== Resources ==

* [http://www.althingi.is/altext/126/s/0987.html Text and Commentary, 2000/2001 DNA File Legislation]

*[http://www.stjornartidindi.is/DocumentActions.aspx?ActionType=Open&documentID=ee994850-b97c-496f-bde6-eaa2eb2b946e Official Text of Law on Police DNA File]

*[http://stjornartidindi.is/DocumentActions.aspx?ActionType=Open&documentID=248ed1b2-45a8-48e1-8a35-1f004daf4d32 Official Text of ][http://stjornartidindi.is/DocumentActions.aspx?ActionType=Open&documentID=248ed1b2-45a8-48e1-8a35-1f004daf4d32 Police DNA File Regulations]

*[http://www.lmfi.is/um-lmfi/nefndir/umsagnir-laganefndar/nr/3564/ Iceland Bar Association Comment on the DNA Database Bill]

*[http://www2.personuvernd.is/tolvunefnd.nsf/pages/BC320C595BEF14A60025705A004C6CB6 Data Protection Authority Comment on the DNA Database Bill]

*[http://www.mbl.is/greinasafn/grein/1240231 Erfðaefnisskráin: Nýjar aðferðir við rannsókn]<nowiki> [DNA register: New methods of investigation] 4 September 2008</nowiki>

*[http://www.mbl.is/greinasafn/grein/1152563 Erfðaefnisskrá í biðstöðu]<nowiki> [DNA Files standby] 27 June 2007</nowiki>

*[http://www.mbl.is/greinasafn/grein/1119533 Erfðaefnisskrá lögreglu tefst]<nowiki> [Genetic Catalog police delayed] 15 December 2006</nowiki>

*[http://www.mbl.is/greinasafn/grein/1034194 Erfðaefnisskrá lögreglu]<nowiki>[Police Genetic Database] 22 August 2005</nowiki>

*[http://mbl.is/greinasafn/grein/1034043 Glæpamennirnir og genin þeirra]<nowiki> [Criminals and the genes] 21 August 2005</nowiki>

*[http://mbl.is/greinasafn/grein/1034062 Nota búnað FBI í erfðagrunn]<nowiki> [Using equipment FBI in genetic database] 21 August 2005</nowiki>

*[http://www.mbl.is/greinasafn/grein/606707 Afbrotamenn á erfðaefnisskrá]<nowiki> [Offenders in the DNA register] 20 May 2001</nowiki>

*[http://www.mbl.is/greinasafn/grein/606706 Erfðaefnisskrá lögreglu]<nowiki>[Police Genetic Database] 20 May 2001</nowiki>

*[http://www.mbl.is/greinasafn/grein/594547 Frumvarp um erfðaefnaskrá lögreglu]<nowiki> [Bill of genetic material police record] 14 March 2001</nowiki>

*[http://www.mbl.is/frettir/innlent/2001/03/13/frumvarp_um_erfdaefnisskra_lagt_fram_a_thingi Frumvarp um erfðaefnisskrá lagt fram á þingi]<nowiki> [Bill of DNA files submitted to parliament] 13 March 2001</nowiki>

*[http://www.innanrikisraduneyti.is/radherra/raedur-og-greinar_bjorn/nr/79 Ávarp ráðherra á blaðamannafundi um DNA-skýrslu]<nowiki> [Address by the Minister at a press conference about the DNA report] 2 May 2000</nowiki>

*[http://mbl.is/greinasafn/grein/532306 Erfðaefni sakfelldra sem sýknaðra skráð]<nowiki> [DNA convicted of innocent others listed] 29 April 2000</nowiki>

*[http://www.innanrikisraduneyti.is/raduneyti/starfssvid/logregla/upplysingar/nr/489 Ávarp dómsmálaráðherra á fundi rannsóknarlögreglumanna]<nowiki> [Address by Minister at a meeting of police investigation] 17 March 2000</nowiki>

== Detailed Analysis ==

'''I. Law on Point'''

The Icelandic forensic DNA database is governed by the Law on Police DNA File<ref name="ftn3"> [http://www.althingi.is/altext/126/s/1486.html Lög um erfðaefnisskrá lögreglu]<nowiki> [</nowiki>Law on Police DNA File], Law No. 88 of 31 May 2001.</ref> and the Police DNA File Regulations.<ref name="ftn4"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Reglugerð um erfðaefnisskrá lögreglu]<nowiki> [</nowiki>Police DNA File Regulations], No. 748/2008 (hereinafter Iceland DNA Regulations).</ref>

'''II. Entry Criteria'''

The National Commissioner of Police maintains the two DNA databases: the Identification Database and the Trace Database. The two Databases are strictly separated.<ref name="ftn5"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 1</ref> The Trace Database contains genetic profiles that have been found at crime scenes from unidentified individuals potentially connected with the crime.<ref name="ftn6"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 1</ref> The Identification Database contains DNA profiles of persons that (A) have been convicted of violating the provisions of Chapter X, Chapter XI, Article 108, Article 164-166, Article 170-171, Articles 194-196, paragraphs 1 and 2 of Article 200, Article 201-202, Article 211, paragraph 2 of Article 218, paragraph 1 of Article 220 and Article 252 of the Criminal Code. The same applies for attempt and conspiracy counts of these crimes.<ref name="ftn7"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 2.</ref> or (B) Have been cleared of charges of the provisions listed in section a, including attempt and conspiracy, for reasons of lack of mental capacity or have been judged as warranting a precautionary security order under section VII of the Criminal Code.<ref name="ftn8"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 2.</ref>

The Trace Database contains genetic profiles that have been found at crime scenes from unidentified individuals potentially connected with the crime. These profiles ought only be included on the Trace Database if there is reason to believe that they belong to someone connected to the offence under investigation.<ref name="ftn9"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 3.</ref> The National Commissioner of Police oversees when DNA profiles are to be entered onto the Trace Database. Such profiles ought to be entered immediately after the underlying genetic analysis is complete.<ref name="ftn10"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 3.</ref>

DNA profiles on the Identification database may only be used in the criminal proceeding for which they were created unless there is an immediate need and the exception make special use of the database, i.e. in cases involving heinous crime. Whether or not an exception is to be granted therefore ought to consider the public views of the privacy interests at stake.<ref name="ftn11"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 2.</ref> Upon final conviction, an individual’s DNA profile shall be promptly entered into the Identification database.<ref name="ftn12"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 2.</ref> It is permissible to search between the Trace and Identification databases in the hopes of finding a match.<ref name="ftn13"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 4.</ref> The DNA profiles of known persons that have been loaded on neither database are not to be compared with profiles in the Traces Database. In the event that there exists reasonable suspicion that an individual has committed a violation under Article 3 of these Regulations, their DNA profile may then be compared to the Trace Database on these independent grounds.<ref name="ftn14"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 4.</ref>

'''III. Sample Collection'''

The National Commissioner of the Police is Responsible for entering DNA profiles onto both DNA databases, and is ultimately responsible for the proficient functioning of the same.<ref name="ftn15"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 5.</ref> The National Commissioner of Police shall provide material and equipment to the police for conducting proper forensic investigations, as well as promulgating sufficient regulations and procedures to govern said investigations.<ref name="ftn16"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 5.</ref> It is the responsibility of the National Commissioner of Police to compare DNA profiles among the DNA databases, as well as to consult expert opinion in the event of any ambiguity as to a match or exclusion.<ref name="ftn17"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 5.</ref>

It is the role of the police to conduct forensic crime scene investigations, including the collection of biological samples pursuant to Article 3 of these Regulations. The police are ultimately responsible for recording all necessary information associated with any biological samples collected as well as ensuring the chain of custody is maintained in accordance with the relevant regulations.<ref name="ftn18"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 5.</ref> The Ministry of Justice may enter into service contracts whereby third-party genetics laboratories are engaged to perform the genetic analysis necessary to derive DNA profiles from biological material.<ref name="ftn19"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 5.</ref>

'''IV. Removal Criteria'''

When a person’s profile has been entered onto the Identification Database, it is incumbent upon the National Commissioner of Police to inform said person of this fact and provide an adequate explanation as to why this action has been taken. Any person has the right to petition the government to determine if their genetic information is contained on either of the databases at any time.<ref name="ftn20"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 6.</ref> Any person who believes that their DNA profile has been included on one of the two databases by mistake, or that their database entry contains false or otherwise misleading information is free to petition the court for redress pursuant to the General Administrative Rules.<ref name="ftn21"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 6.</ref>

DNA profiles in the Identification Database must be deleted not later than two years after the National Commissioner of Police has been made aware of the death of the individual’s passing. In the event that an individual’s DNA profile was lawfully included in the Identification Database but that individual is later acquitted or otherwise cleared of all charges, his profile must be deleted as soon as is possible in the circumstances but in not cases later than six months from said acquittal. In the event that it has become clear that an individual’s profile was entered onto the database incorrectly, it must be removed as soon as is possible in the circumstances. Finally, an individual’s genetic profile must be removed from the database when that person has been adequately identified and excluded from suspicion or upon the expiration of the allotted time for the criminal proceeding in question.<ref name="ftn22"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 8.</ref>

'''V. Sample Retention'''

The laboratories that conduct genetic analyses under contract with the Ministry of Justice possess the biological samples during said analysis. Biological samples taken from known individuals must be destroyed upon derivation of a genetic profile therefrom. In the case of unidentified biological samples where there exists reason to believe they are linked with past criminal activity, they may be retained for as long as Is necessary for investigation.<ref name="ftn23"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 9.</ref>

'''VI. Database Access'''

Without the express permission of the National Commissioner of Police, given only at the consent of the Minister of Justice, no person may have access to the information contained on either of the DNA databases.<ref name="ftn24"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 7.</ref>

In the usual course of criminal proceedings, access to the database may be extended to the police, the state prosecutor, the Ministry of Justice, any competent foreign court or judicial authority for good cause, and any laboratory responsible for conducting genetic analysis—including those nongovernmental laboratories under contract to the Ministry of Justice to perform this function.<ref name="ftn25"> [http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/748-2008 Iceland DNA Regulations], Art. 7.</ref>

<br />

== References ==

<references/>

China (Hong Kong)

2013-09-25T18:15:40Z

86.129.244.182:

__TOC__

== Overview ==
Genetic samples can be collected upon reasonable suspicion of a "serious arrestable offense" (“嚴重的可逮捕罪行”) when authorized by a police officer above the rank of superintendent. Only when a person is convicted of such an offense can her genetic profile be included in the national DNA database, where it will remain indefinitely absent her subsequent exoneration. DNA samples taken from suspects against whom formal charges are not lodged must be destroyed no later than twelve months after they are collected, whereas samples taken from convicted persons must be destroyed "as soon as in practicable" after all pending related criminal proceedings against them have concluded.

The 2008 Interpol survey reports that Hong Kong had 4,161 crime scene DNA profiles and 16,235 individuals' profiles at the time of the survey.

== Resources ==
*External links
**[http://www.govtlab.gov.hk/english/abt_fsd_dds.htm Hong Kong Government Laboratory: DNA Database Section]
**[http://www2.caes.hku.hk/sciencehk/files/2010/08/2006832235.pdf Zhang Li, Lee (2008): The DNA based forensic methods in Hong Kong]

*Press articles

== Detailed Analysis ==
'''I. Law on Point'''

The Dangerous Drugs, Independent Commission Against Corruption and Police Force Ordinance,<ref name="ftn1"> Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Ordinance, No. 68 of 2000, §§ 4 to 7 (H.K.).</ref> as amending the Independent Commission Against Corruption Ordinance<ref name="ftn2"> Independent Commission Against Corruption Ordinance, (2003) Cap. 204, §§ 10 to 10G (H.K.).</ref> and the Police Force Ordinance.<ref name="ftn3"> Police Force Ordinance, (2005) Cap. 232, §§ 59 to 59H (H.K.).</ref>

'''II. Entry Criteria'''

Persons convicted of any “serious arrestable offense,”<ref name="ftn4"> Police Force Ordinance, (2005) Cap. 232, 59G, §§ (1)(a) to (d) (H.K.), which provides in relevant part:

(1) There shall be maintained (whether in computerized form or otherwise), by the Government Chemist on behalf of the Commissioner, a DNA database storing DNA information derived from an intimate sample or a non-intimate sample taken from a person pursuant to (a) <nowiki>section 59A [intimate samples obtained from persons suspected of a serious arrestable offence] or 59C [non-intimate samples obtained from persons suspected of a serious arrestable offence] if the person has been subsequently convicted of any serious arrestable offence; (b) </nowiki><nowiki>section 10E of the Independent Commission Against Corruption Ordinance (Cap 204) [non-intimate samples procured from persons suspected of an offense specified in the Independent Commission Against Corruption Ordinance, (2003) Cap. 204, 10, §§ 5(a) to (g)] if the person has been subsequently convicted of any serious arrestable offence; (c) </nowiki><nowiki>section 59E [non-intimate sample obtained from person convicted of a serious arrested offence no sample from whom has otherwise been obtained]; or (d) </nowiki><nowiki>section 59F [non-intimate sample voluntarily given]. </nowiki>

Police Force Ordinance, (2005) Cap. 232, § 3 (H.K.) defines a “serious arrestable offence” (“嚴重的可逮捕罪行”) as “an offence for which a person may under or by virtue of any law be sentenced to imprisonment for a term not less than 7 years; or . . . any other offence specified in Schedule 2.” Schedule 2 specifics the following offences: Crimes Ordinance, (1997) Cap. 200, § 24 (criminal intimidation), § 25 (assaults with intent to cause certain acts to be done or omitted), § 118F (homosexual buggery committed otherwise than in private), (§ 120 procurement by false pretences), § 124 (intercourse with girl under sixteen), § 132 (procurement of girl under twenty one).

However, following the amendment of the Police Forces Ordinance in 2001, the Commissioner of the Hong Kong Police formulated a policy regulating the collection of non-intimate DNA samples. Under the Commissioner’s policy, DNA samples are only collected from persons suspected of commission or convicted of a serious arrestable offence listed on a “List of Selected Serious Arrestable Offences,” which is reviewed and updated from time to time. As of 2007, the Chief Superintendent of the Hong Kong Police explained that “due to resources consideration . . . only a limited number of serious arrestable offences were chosen for the collection of DNA samples.” Hung and Anor v. Comissioner of Police<nowiki>, [2007] 5 H.K.C. 528, 532-33 (H.K.).</nowiki></ref> and all crime scene stains.<ref name="ftn5"> Government of Hong Kong, Hong Kong 2008<nowiki>, at 320 (Info. Servs. Dep’t ed., 2009) (stating that the “Criminalistics and Quality Management Group . . . handles forensic biological samples and performs DNA analysis of exhibits seized from crime scenes. . . . DNA profiles of convicted offenders, suspects and volunteers in its DNA Database are compared with outstanding DNA profiles of crime scene exhibits in unsolved cases [and] . . . [c]omparisons are also performed among outstanding DNA profiles of exhibits from different unsolved cases for possible connection.”).</nowiki></ref>

'''III. Sample Collection'''

In any investigation in respect of an offence committed or believed to have been committed, an intimate sample may be taken from a person for forensic analysis only if a police officer of or above the rank of superintendent gives written<ref name="ftn6"> 232 LOHK § 59A(3) (H.K.)</ref> authorization for it to be taken, the appropriate written consent is given,<ref name="ftn7"> 232 LOHK § 59A(6) (H.K.)</ref> and a magistrate gives approval.<ref name="ftn8"> 232 LOHK § 59A(1)(a) to (1)(c) (H.K.). Here, “intimate sample” (“體內樣本”) means “(a) a sample of blood, semen or any other tissue fluid, urine or hair other than head hair; (b) a dental impression; (c) a swab taken from a private part of a person’s body or from a person’s body orifice other than the mouth.” 232 LOHK § 3 (H.K.). <nowiki>“[A]ppropriate consent” (“</nowiki>適當的同意”) means “(a) in relation to a person who has attained the age of 18 years, the consent of that person; (b) in relation to a person who has not attained the age of 18 years, the consent both of that person and of his parent or guardian.” Id. <nowiki>See also 232 LOHK § 59B (requiring “[w]here an authorization and the appropriate consent as required under section 59A(1)(a) and (b) have been given, a police officer shall make an application to a magistrate in accordance with Schedule 3 for the magistrate’s approval as required under section 59A(1)(c) and the magistrate may give his approval in accordance with [the law]”).</nowiki></ref> Moreover, an authorizing officer may only give her authorization as if she has reasonable grounds for suspecting that the person from whom the intimate sample is to be taken has committed a serious arrestable offence and for believing that the sample will tend to prove or disprove the commission of the offence by that person.<ref name="ftn9"> 232 LOHK § 59A(2)(1) to (2)(b). Here, “serious arrestable offence” (“嚴重的可逮捕罪行”<nowiki>) means “(a) an offence for which a person may under or by virtue of any law be sentenced to imprisonment for a term not less than 7 years; or (b) any other offence specified in Schedule 2 [of Ordinance No. 68 of 2000].” </nowiki>232 LOHK § 3 (H.K.).</ref>

In any investigation in respect of any offence committed or believed to have been committed, a non-intimate sample may be taken from a person with or without his consent for forensic analysis only if that person is in police detention or is in custody on the authority of a court and a police officer of or above the rank of superintendent authorizes it to be taken.<ref name="ftn10"> 232 HOLK § 59C(1)(a) to (1)(b) (H.K.). A “non-intimate sample” (“非體內樣本”) is defined as “(a) a sample of head hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part, other than a private part, of a person’s body or from the mouth but not any other body orifice; (d) saliva; (e) an impression of any part of a person’s body other than (i) an impression of a private part; (ii) an impression of the face; or (iii) the identifying particulars described in section 59(6).” 232 LOHK § 3 (H.K.). <nowiki>Under 232 LOHK § 59(6) (H.K.), “identifying particulars” (“鑑別資料”) means “photographs, finger-prints, palm-prints, sole-prints, toe-prints and the weight and height measurements of [a] person.” </nowiki><nowiki>“[P]rivate part” (“私處”) is defined as “the genital or anal area” and includes “the breasts in the case of a woman.” </nowiki>232 LOHK § 3 (H.K.). </ref> An authorizing officer may only give an authorization if she has reasonable grounds for suspecting that the person from whom the non-intimate sample is to be taken has committed a serious arrestable offence; and for believing that the sample will tend to confirm or refute the commission of the offence by that person.<ref name="ftn11"> 232 LOHK § 59C(2)(a) to (2)(b) (H.K.).</ref> An authorizing officer must give her authorization in writing.<ref name="ftn12"> 232 LOHK § 59C(3)(a) (H.K.).</ref> Where it is impracticable to do so, she may give such authorization orally, in which case she must confirm it in writing as soon as practicable.<ref name="ftn13"> 232 LOHK § 59C(3)(b) (H.K.).</ref> A police officer may use such force as is reasonably necessary for the purposes of taking or assisting the taking of a non-intimate sample.<ref name="ftn14"> 232 LOHK § 59C(8) (H.K.).</ref>

When a person has been convicted of a serious arrestable offence a police officer of the rank of superintendent or above may authorize the taking of a non-intimate sample of a swab from the mouth of said person for the purposes of adding the genetic profile derived from said sample to the DNA database.<ref name="ftn15"> 232 LOHK § 59E(1) (H.K.).</ref> A police officer may use such force as is reasonably necessary for the purposes of taking or assisting the taking of a non-intimate sample of a swab from the mouth convicted person.<ref name="ftn16"> 232 LOHK § 59E(4) (H.K.).</ref> A non-intimate sample of a swab from the mouth of a person may only be taken within 12 months after the person has been convicted of a serious arrestable offence.<ref name="ftn17"> 232 LOHK § 59E(6) (H.K.).</ref>

'''IV. Removal Criteria'''

Convicted persons’ profiles are kept indefinitely unless their conviction is subsequently quashed on appeal, in which case they are removed from the database.<ref name="ftn18"> Police Force Ordinance, (2005) Cap. 232, 59H, § 5 (H.K.).</ref>

No person shall have access to, dispose of, or use an intimate or non-intimate sample except for the purposes of (a) forensic analysis in the course of an investigation of any offence or any proceedings for any such offence.<ref name="ftn19"> 232 LOHK § 59D(1) (H.K.).</ref> No person shall have access to, disclose or use the results of forensic analysis of an intimate or non-intimate sample except for the purposes of forensic comparison and interpretation in the course of investigation of any offence, any proceedings for such an offence, making the results available to the person to whom the results relate, or for adding said results to the DNA database.<ref name="ftn20"> 232 LOHK § 59D(2) (H.K.).</ref> Whether or not an intimate or a non-intimate sample or the results thereof have been destroyed, said sample or results shall not be used in any proceedings after it is decided that the person from whom the sample was taken will not be charged with any offence or, if the person has been charged with one or more such offences, the charge is withdrawn, or the person is discharged by a court before conviction of the offence, or the person is acquitted of the offence at trial or on appeal, whichever occurs first.<ref name="ftn21"> 232 LOHK § 59D(4) (H.K.).</ref>

'''V. Sample Retention'''

Convicted persons’ samples must be destroyed as soon as is practicable from such time as there is no other charge against the person in relation to an offence which renders the retention of the sample necessary and all proceedings (including any appeal) arising out of the conviction have been concluded;<ref name="ftn22"> Police Force Ordinance, (2005) Cap. 232, 59H, § 4 (H.K.).</ref> suspects samples’ must be destroyed as soon as is practicable twelve months after the sample is taken if they are not charged with any offense, or if so charged when all charges are withdrawn, the person is discharged by a court before conviction of the offence or all the offences, or they are acquitted of all charges.<ref name="ftn23"> Police Force Ordinance, (2005) Cap. 232, 59H, § 1 (H.K.). See also Id. at § 6, which provides: <nowiki>The Government Chemist, whilst maintaining the DNA database under section 59G(1), shall take reasonable steps to ensure that every non-intimate sample taken pursuant to section 59E [non-intimate sample obtained from person convicted of a serious arrested offence no sample from whom has otherwise been obtained] or 59F [non-intimate sample voluntarily given] is retained only for as long as is necessary to enable DNA information to be obtained from the sample, and is then destroyed.</nowiki></ref>

'''VI. Database Access'''

The person from whom an intimate sample was taken is entitled to access to the information derived from the analysis of the sample.<ref name="ftn24"> 232 LOHK § 59A(5) (H.K.).</ref> The person from whom a non-intimate sample was taken pursuant to subsection is entitled to access to the information derived from the analysis of the sample.<ref name="ftn25"> 232 LOHK § 59C(5) (H.K.).</ref>

== References ==

<references/>