Documentos de Académico
Documentos de Profesional
Documentos de Cultura
PARA LA INVESTIGACIÓN
EFICAZ DEL CRIMEN
DE FEMINICIDIO
RECOMMENDATIONS
FOR THE EFFECTIVE
INVESTIGATION OF THE CRIME
OF FEMICIDE
2
GUÍA DE RECOMENDACIONES 3
PARA LA INVESTIGACIÓN
EFICAZ DEL CRIMEN
DE FEMINICIDIO
RECOMMENDATIONS
FOR THE EFFECTIVE
INVESTIGATION OF THE CRIME
OF FEMICIDE
4
Índice / Index 5
VERSIÓN ESPAÑOL
I. PREÁMBULO 11
II. OBJETIVOS 14
III. PRINCIPALES DEFICIENCIAS PRESENTES EN LA PRACTICA ACTUAL DE LA INVESTIGACIÓN
DE FEMINICIDIOS 16
IV. REGLAS MINIMAS PARA LA INVESTIGACION EFICAZ DE LOS FEMINICIDIOS 18
V. PRINCIPIOS Y NORMAS JURÍDICAS DE PROTECCIÓN DE LOS DERECHOS HUMANOS DE
LAS MUJERES, UNIVERSALES Y REGIONALES 27
VI. RECOMENDACIONES DE LAS CIENCIAS FORENSES EN LA INVESTIGACIÓN DE FEMICIDIOS/
FEMINICIDIOS 29
ENGLISH VERSION
I. INTRODUCTION 66
II. OBJECTIVES 68
III. DEFICIENCIES IN CURRENT PRACTICE IN THE INVESTIGATION OF FEMICIDE 70
IV. BASIC RULES FOR THE EFFECTIVE INVESTIGATION OF FEMICIDE 72
V. UNIVERSAL AND REGIONAL PRINCIPLES AND LEGAL STANDARDS FOR THE PROTECTION
OF THE HUMAN RIGHTS OF WOMEN 80
VI. FORENSIC SCIENCE RECOMMENDATIONS FOR THE INVESTIGATION OF FEMICIDE 82
6 Sección Normativo Jurídica VERSIÓN ESPAÑOL 7
• Emilio Ginés Santidrián. Jurista. Experto en Derecho internacional de los DDHH
• Fernando Mariño Menéndez. Catedrático de Derecho Internacional.
Organizaciones colaboradoras
• Oficina de Derechos Humanos Ministerio de Asuntos Exteriores de España
• Federación de Asociaciones de Defensa y Promoción de Derechos Humanos de España
• Universidad Carlos III de Madrid
• Oficina de ONU-Mujeres
• Oficina del Alto Comisionado de Naciones Unidas para los Derechos Humanos
Mayo 2014
NIPO 501 14 010 9
Ante la impunidad con la que frecuentemente se desarrollan estos hechos criminales, m ás que dirigir la primera Aximusdae esti comnim est archit debis eat qui volorunt.
mirada a los profesionales de la investigación, se debería empezar por reconocer la labor de aquellas personas que
con voluntad de superación, esfuerzo y responsabilidad suplen día tras día, y en la medida de sus posibilidades, la Ra nonseque nonsequi il moluptatur as ratiasp eratiae qui as nectissitia volorest qui cus nos perrund aererit aditi
escasez de recursos y las deficiencias estructurales y funcionales". beatur, odit quo blant ut et volestiusam rem num del iunt optatis sum hicium el ipis aliquat.
Juan Manuel Cartagena Liciamusciis conse pernatur, int modia que consequaecae eossi aut qui alitem imoluptat rem sint aut ut enderi to
Registro de la Propiedad Intelectual. eserchi liaturem hiliatibus asi quatem hitia eaque conet ipsuntinti nempe ipsanisquam, cusam, con platur? Quiaes-
N° de referencia 09/164723.9/13 tiost qui cusda volupta erspel magnam haribus.
N° de expediente 09-RTPI-01458.5/2013
28/02/2013 Fuga. Temolorest et et raes qui voloresci re vel im facesto remporepudic tet magnatem fuga. Ossit velique corec-
tas est qui officie nienist, aboreprest as coreic to berem ellaborem re, nima ditatiumquas volorest ratiostis apicid
eicte quis aut explia arumquist occatur? Quiatae volute nonsequid untionsed qui aborunte sandipsum accum ut as
sum sum consedis eriosti orestrum harum dolorec estest ommod et ende estrum fuga. Eroviti usciatur arcitiostia
dolores asperum etus.
1
10 Entre las nuevas formas de aparición de feminicidios, 11
por motivos de orientación sexual o identidad de gé-
nero, se encuentran los perpetrados en el contexto de
la trata de mujeres que son sometidas a diferentes
formas de explotación, los realizados en el ámbito de
las maras o pandillas, las muertes que se producen en
el contexto de redes de delincuencia organizada, las
muertes de mujeres causadas por venganzas entre
hombres, los crímenes de "honor" practicados como
fruto de prácticas y tradiciones denigratorias para
las mujeres y otros tantos que indican la continua va-
riedad de formas de aparición de este tipo de hechos
Preámbulo criminales.
eficaz de 1.6 Los Estados adecuarán las buenas prácticas a los 2.4 Durante el desarrollo de las investigaciones se
10.4 Los Estados deberán cooperar para lograr que los derechos eliminación de todas las formas de discrimina-
ción contra la mujer. 6 de octubre de 1999.
los crímenes de violencia extrema contra las mu-
jeres sean sancionados con penas adecuadas a la humanos de • Comisión de Prevención del Delito y Justicia Pe-
nal. Principios y directrices de las Naciones Uni-
gravedad de los actos cometidos y que la posible
responsabilidad penal por su tentativa o consu-
las mujeres, das sobre el acceso a la asistencia judicial en los
sistemas de justicia penal. 27 de abril 2012.
mación no sea objeto de amnistía y no prescriba
o sólo lo haga en plazos de duración adecuada a
universales • Conclusiones acordadas en la 57 Comisión Jurídi-
ca y Social de la Mujer. ONU Mujeres. 2013.
su gravedad. y regionales Regionales.
América
Universales
• Declaración Universal de los Derechos Humanos. • Convención Americana de los Derechos Humanos
10 de diciembre de 1948. "Pacto de San José". 22 de noviembre de 1969.
• Pacto Internacional de Derechos Civiles y Políti- • Opinión Consultiva No. 11/90 de la Corte Inte-
cos. 16 de diciembre de 1966. ramericana de Derechos Humanos ("OC-11/90")
• Pacto Internacional de Derechos Económicos, sobre la necesidad de remover obstáculos en el
Sociales y Culturales. 16 de diciembre de 1966. acceso a la justicia que pudieran originarse en la
• Declaración de la Asamblea General sobre la eli- posición económica de las personas.
6
28 • Comisión Interamericana de Derechos Humanos: África jo idóneas para aplicar procedimientos de inves- 29
Acceso a la justicia para las mujeres víctimas de • Carta Africana sobre Derechos Humanos y de los tigación y metodologías estandarizadas con el fin
violencia en las Américas, 2007. Pueblos. 27 de julio de 1981. de que los diferentes países puedan adoptar, en
• Comisión Interamericana de Derechos Humanos: • Protocolo a la Carta Africana de Derechos Hu- la elaboración y desarrollo de sus propios proto-
el acceso a la justicia como garantía de los de- manos y de los Pueblos sobre los Derechos de las colos de investigación, recomendaciones inclui-
rechos económicos, sociales y culturales. Estudio Mujeres en África 11 de julio de 2003. das en este modelo, aprovechando sus orienta-
de los estándares fijados por Sancionar y Erradi- ciones.
car la Violencia Contra la Mujer, Convención "Be- Otros instrumentos de referencia
lém Do Pará". 9 de junio del 1994. • Protocolo de Estambul. Manual para la investi- 1.3 Este modelo aporta recomendaciones generales
• Ley María da Penha, de 7 de agosto de 2006. gación y documentación eficaces de la tortura y y por lo tanto no puede ser exhaustivo. Desea ser
Reglas de Brasilia sobre acceso a la justicia de otros tratos o penas crueles, inhumanas o degra- válido para diferentes países y por lo tanto tiene
las personas en condición de vulnerabilidad. 6 de dantes. Naciones Unidas. 9 de agosto de1999. en cuenta la diversidad de recursos, limitaciones
marzo de 2008. • Protocolo de Minnesota. Manual sobre la preven-
ción e investigación eficaces de las ejecuciones
Recomendaciones y singularidades.
Europa
• Convención Europea para la protección de los de-
extralegales, arbitrarias o sumarias. 1991. de las ciencias 1.4 Los protocolos que se elaboren en cada uno de
los países, con el fin de armonizar actuaciones,
rechos humanos y de las libertades fundamenta- forenses en pueden recoger las recomendaciones generales
•
les de 4 de noviembre de 1950.
Ley Orgánica 1/2004, de 28 de diciembre, de Me- la investigación de este modelo, adecuando posteriormente su
contenido a la especificidad y realidad nacional
didas de Protección Integral contra la Violencia
de Género. España. de femicidios / en cada caso.
del femicidio, desde un punto de vista científico. 21.8 Debe considerarse que todas las cuestiones y
puntos tratados en esta Guía de recomendacio-
21.2 Los distintos países deben procurar la adopción nes, no necesariamente son válidos para todos Manual para la prevención e investigación efectivas
de las Recomendaciones incluidas en la presente los países, prevaleciendo la generalidad sobre de ejecuciones sumarias, ex-trajudiciales, arbitrarias
Guía, adaptando las mismas a su realidad nacio- cuestiones puntuales que dificultaran su desarro- o legales. U.N. Doc. E/ST/CSDHA/.12 (1991). Protoco-
nal y circunstancias particulares. llo y validez. lo de Minnesota.
21.3 Cada Organismo Oficial implicado en la inves- Manual de la ONU para la investigación y documen-
tigación del femicidio, debe adoptar e impulsar tación efectivas de la tortura, y otros tratos o penas
las medidas encaminadas a la consecución de las crueles, inhumanas o degradantes. U.N. Doc. HR/P/
Recomendaciones incluidas en este Guía. PT/8
(1999). Protocolo de Estambul.
21.4 Cada Organismo Oficial implicado en la investi-
gación del femicidio es el responsable del cum- Recomendación n° (99)3 del Consejo de Ministros de
plimiento de los protocolos que se manejen al los Estados Miembros, para la armonización metodo-
efecto, que pudieran generarse a partir de las lógica de las Autopsias médico legales. Unión Euro-
recomendaciones incluidas en esta Guía. pea. 1999.
21.5 Se recomienda la creación de una Comisión Inte- Curso de Investigación Judicial y Violencia Femici-
rinstitucional, encargada de coordinar la gestión da para América Latina. Ediciones 1-9. Fundación
de la investigación del femicidio, entre los dis- CEDDET. Escuela de Práctica Jurídica de la Facultad
tintos Organismos Oficiales implicados. En dicha de Derecho de la Universidad Complutense de Madrid
Comisión, estarán representados responsables — AECID.
60 61
Legislative-Legal Office ENGLISH VERSION
• Emilio Ginés Santidrián. Jurist. Expert in international human rights law
• Fernando Mariño Menéndez. Professor of international law
Partner Organisations
• Office for Human Rights. Spanish Ministry of Foreign Affairs and Cooperation
• Spanish Federation of Associations for the Defence and Promotion of Human Rights
• Carlos III University (Madrid)
• UN Women Office
• Office of the United Nations High Commissioner for Human Rights
Mayo 2014
NIPO 501 14 010 9
Deficiencies women.
of femicide responsibility.
the result of femicide investigations should not tematic analyses of particular cases, highlighting 9) To overcome this problem, forensic medical au-
vary depending on the territorial area in question. omissions, deficiencies or errors of interpreta- topsy reports should be complete, and their ob-
1. Recommendations for forensic investiga- tion, in order to identify necessary corrections. jectives should be normalised in accordance with
tion: Introduction 6) Specific protocols for the investigation of femici- those of the legal interest in resolving the case.
de, in each country, should be drafted by forensic 4) Deficiencies in the different stages of a criminal Thus, the purposes of forensic autopsy should be
1) These recommendations are based on existing experts in the field who are familiar with the re- investigation can give rise to limitations in cons- clearly differentiated from those pursued by clini-
models that have proved effective for the har- ality and the development of forensic science in tructing and justifying the accusation to be pre- cal autopsy, by means of standards, instructions
monisation of methodologies, are directly or in- their country, and who can count on assistance in sented. and focused training.
directly related to the needs of femicide investi- this respect from other national and internatio-
gation, and have represented benchmarks for the nal experts. 5) Among the most common deficiencies in crime 10) Similarly, in some countries there is little support
development of manuals of procedure in diffe- scene investigation are the late arrival of the in- for complementary techniques of investigation,
rent countries. 7) The adaptation of the recommendations in this vestigators, which can lead to a loss of evidence, in part due to limited financial resources and thus
guide to the requirements of daily investigative and contamination of the crime scene. In both deficiencies in instrumental means. However,
2) This manual highlights appropriate means of im- practice will require the participants in each pha- cases, corrective mechanisms should be establis- even in these circumstances guidelines should
plementing investigative procedures and stan- se to be trained appropriately, in order to optimi- hed. be established to ensure proper use is made of
dardised methodologies, so that different coun- se resources and match the interventions made complementary studies, thus enabling the ratio-
tries may design and develop their own research to the specific aims of the femicide investigation. 6) In some countries, there are difficulties in stan- nal, effective application of the means available,
protocols, taking into account the recommenda- dardising methodologies, including those relating depending on the circumstances in which the
84 femicide took place and on the possibilities and guidelines, presenting recommendations of fun- tion of body morphology by burning or any ted, must be duly registered and this fact should 85
needs for further studies. However, care should damental importance to those involved in the in- other method. be transmitted to a previously-designated coor-
be taken to avoid requesting unnecessary tests, vestigation of femicide. It is addressed both to • When the body is found in places suggestive dinating institution, which, in turn, will record,
and to limit studies to those which are absolutely forensic scientists and to their associates. With of the intention of concealment or of trans- with a unique registration number, the specific
essential, depending on the case. few exceptions, the focus of this document is fer from the scene of death. data regarding the communication.
both regional and international. • When the body is found in areas where there
11) Shortfalls in the necessary collaboration between Nevertheless, it is not the purpose of the Manual is a high incidence of missing women and of 3) This femicide registry must include at least the
the various authorities involved are a reality that to establish a uniform international protocol, as femicide. following information:
must be taken into account, and combated by the diversity of situations and resources makes • When the body presents signs of torture or • Date and time of receipt of the communica-
means of corrective measures to encourage bet- such an ambition impossible. Neither do we wish cruelty. tion.
ter communication flows. to intrude in areas more suited to the particular • In scenarios of armed conflict. • Source and/or identification of the communi-
characteristics of national investigation authori- • In cases of selective massacres of female cation (Authority/Agency/Individual).
12) The absence of experts’ reports on alleged ag- ties. populations. • Exact location of the scene.
gressors has a negative impact on the entire • Time of information transfer to the compe-
investigation. Procedures to obtain such reports 4. Grounds for suspicion of femicide. Situa- 2) It is recommended that protocols for investiga- tent authority and to others involved in the
should be standardised and integrated into femi- tions in which the protocol should be acti- tion should include a list of situations in which investigation.
cide investigations. vated activation is called for, stating any circumstance
not mentioned above, in which the specific pe- 4) Each country should establish its own such regis-
3. General and specific objectives 1) It is recommended that the protocol be activated culiarities observed may suggest any possibility try, with additional data to facilitate the inter-re-
in all cases of violent death presenting characte- whatsoever that the violent death of a woman is lation of cases and, thus, effective investigation.
1) The fundamental aim of this compilation of re- ristics identified as possibly indicative of femici- a case of selective, gender-motivated killing.
commendations for the forensic investigation of de, including: 5) Any communication concerning a femicide – ac-
femicide is to improve the investigation of these 3) Care should be taken not to consider all cases in tual or suspected – to the coordinating institution
criminal acts so that the judicial authorities may • Cases in which the woman’s death is the end which a woman’s body is found as possible femi- must be immediately transferred to the compe-
have objective evidence on which to judge cases. result of a continuum of habitual violence. cide, since such a generalisation will dilute or re- tent authority so that the corresponding investi-
To do so, the evidence obtained must be groun- • All cases of violent deaths in which prior se- duce the special attention required by a discovery gation can be initiated (Activation).
ded on an objective, scientific basis. xual assault is suspected. that does present suspicious circumstances.
• All cases in which the woman’s body is found 6) As a preliminary measure in cases in which the
2) The specific aim is to present recommendations in the context of a sexualised scene. 5. Mechanisms for activating the protocol existence of a femicide must be verified, the
from which each country can develop its own • All cases in which the body is found naked or coordinating institution should order the dis-
investigation protocol. These recommendations, semi-naked. 1) A specific rule should stipulate the mandatory dis- patch of appropriate personnel to do so.
therefore, represent minimum standards, and are • When the body is found together with miso- closure to the competent authority of the exis-
applicable both to cases in which all appropriate gynistic messages, either on the body itself tence or discovery of the body of a woman who 7) Activation of the protocol requires the coordina-
resources for investigation are available and to or on physical media. has suffered violent death and/or is found in the ted transfer of information concerning the inci-
less optimum situations. • Where there is erasure of identity, by the am- context of any of the above indicators. dent to the offices of forensic medicine and to
putation of fingers or entire limbs, by des- the police (national, investigative and technical).
3) The purpose of this Manual is to provide basic truction of the face or through the destruc- 2) Communication of a femicide, evident or suspec- 8) Each of these bodies, as well as the officer with
86 overall responsibility for the investigation, should with standards of objectivity and scientific ri- • If the victim is dead, the agent’s first prio- pervising the investigation at the scene, for re- 87
record all data on the information received. gour. rity task is to ensure the general protection assessing all actions taken, for coordinating the
of the scene, of the evidence present, and of different actors and for deciding specific actions
9) The organisation responsible for the investiga- 6) From the first knowledge of the crime, it is of the body. to be taken, in accordance with the information
tion, the forensic medicine authorities and the fundamental importance to ensure coordination • Promptly communicate the crime to the provided by the officials taking part in the inves-
police should all examine the crime scene as among all involved in the investigation. Imme- competent institution. tigation.
quickly as possible. diate and coordinated standards and guidelines • Identify potential witnesses and detain pos-
for action should be established for each of the sible suspects. 13) The competent authority is responsible for deci-
6. Individual and coordinated actions by territorial demarcations. • Identify safe routes of entry and exit from ding when to leave the scene, after being infor-
operators in the investigation the scene. med that investigative activities there have been
7) Lines and flows of communication should be ai- • Make a preliminary report, at least in writing completed and analysed.
1) The different operators in the investigation should med at activating procedures and reducing task and, if possible, using auxiliary methods such
perform the functions corresponding to their pro- durations, to preserve and obtain as much evi- as photography. 14) Wherever possible, a forensic medical officer
fession and specialisation. dence as possible, under optimum conditions, to • Identify relevant data for the criminal in- should examine the crime scene. Their absence
facilitate the intervention of all investigators, vestigation, in cases in which the personal could provoke major deficiencies in the investi-
2) Each operator should know the role played by all and to compile and archive the information ob- presence of other, specialised investigators gation and its outcome.
others involved in the investigation. To that end, tained, while avoiding its dispersion. on the scene is not possible. In geographic
each of the professional groups should be trained areas where there is a high frequency of 15) When a forensic medical officer is unable to at-
to understand the functions of the other opera- 8) From the first contact with the scene of the femi- such cases, the agents should be trained in tend, a system should be established by which
tors, not to replace them, but to enhance their own cide, various professional activities, all of which this respect, as far as possible, provided no another medical professional can act as an effec-
understanding, to facilitate, not obstruct, other are essential to an effective criminal investiga- internal rules would be breached by this acti- tive substitute.
work being carried out simultaneously or sequen- tion, must be performed in close coordination. vity.
tially during any phase of the investigation. • When the chief investigator and the investi- 16) The forensic medical officer is responsible for
9) The duties of the first agent/police officer to arri- gation team arrive at the scene, guide them examination of the body at the scene.
3) All operators should comply with the guidelines ve at the scene of the femicide include the fo- through the secure entry routes previously
laid down by the head of the investigation or the llowing selected, and provide them with all available 17) Except in cases in which prior medical interven-
coordinator, a role that corresponds in most ca- information. tion is necessary, no action should be taken to
ses to the public prosecutor. • Ensure the security of the situation. If neces- the body, nor should it be moved, without the pre-
sary, reinforcements should be requested. 10) Whenever possible, the investigation at the scene sence and authorisation of the forensic medical
4) To facilitate the work of the chief investigator • If not done previously, seek possible signs of of the femicide should be directed by a repre- officer or of the doctor performing this function.
and/or coordinator, other investigators should life in the victim. If such signs are observed, sentative of the competent authority. This person
suggest, inform and advise on the circumstan- medical assistance must be requested as a will be responsible for ensuring all necessary ac- 18) The data obtained by the forensic medical officer
ces of the case, contributing their specialised matter of urgency. tions are taken. from examination of the body at the crime scene
knowledge, and seeking at all times to achieve • If medical services require access in order to 11) Unless duly justified, no action should be taken at should be transmitted to the competent authority
the most appropriate action to resolve the case. attend a living victim, guide these personnel the scene of the crime in the absence of the com- in charge of the investigation.
through a pre-determined safe path, ensuring petent authority.
5) Forensic medical experts must act in accordance minimum accidental disturbance of the scene. 12) The competent authority is responsible for su- 19) The forensic medical officer must be informed of
88 all actions carried out at the crime scene, and of competent authority, once informed of this ne- 7) Having secured the scene, a preliminary general 4) If necessary, this police officer should request re- 89
the analyses made of the evidence collected the- cessity and of its appropriateness to the case. determination should be conducted. inforcements to protect the crime scene.
re.
7. Investigation of the scene of events. Ini- 8) The time of arrival at the scene, its exact location 5) Routes to enter and exit the scene must be es-
20) As far as possible, the forensic medical officer tial analysis of the scene and assessment of and the current weather conditions should all be tablished and clearly identified. In principle, this
should remain in effective contact with the fo- the resources needed. recorded. task is the responsibility of the police officer who
rensic investigation laboratories in order to ensu- first arrives at the scene.
re the adequacy of the samples collected at the 1) Expert technical investigation of the crime sce- 9) Next, a general impression of the characteristics
crime scene. ne in a case of femicide does not differ greatly of the scene should be ascertained, so that the 6) The routes into and out of the femicide scene
from that in other cases of violent death or of materials and personnel required for the investi- must be specifically protected.
21) The forensic medical officer is responsible for ve- suspected criminal behaviour. However, the data gation can be transferred.
rifying the conditions under which the body is re- obtained at the scene of a femicide will in all ca- 7) The police officer who first arrives should inform
moved for subsequent autopsy. ses be of the highest value to the outcome of the 10) An assessment should be made of the adequacy the competent authority of the measures taken
investigation. of the measures previously adopted at the scene. to protect the scene.
22) The data obtained by the forensic medical officer, If necessary, these should be modified or reinfor-
as a result of the investigation conducted at the 2) When a suspected femicide is reported, human ced, depending on the characteristics of the sce- 8) The competent authority responsible for the in-
crime scene, will form an integral part of the sub- and material resources must be implemented to ne. vestigation should carefully evaluate the protec-
sequent autopsy report. analyse and process the findings obtained at the tive measures adopted prior to their arrival at the
crime scene. 11) Special attention should be paid to the protection scene.
23) Specialist police agents will perform the following measures adopted. These might need to be ex-
functions at the crime scene: 3) The scene of a femicide must be analysed and tended or adapted, in accordance with the spe- 9) As an additional measure, it is advisable to extend
processed as rapidly as possible in order to ob- cial characteristics of the situation. the protective measures initially adopted.
• Conduct initial contact and obtain a prelimi- tain the evidence necessary to charge any sus-
nary record of the crime scene. pect identified and to support the charges pre- 8. Protection of the scene 10) The measures employed to protect the scene
• Maintain security and control of the scene. sented. should be continually re-evaluated and tested.
• Process the evidence observed at the scene, 1) Protection of the femicide scene is essential to
except that on the body, and formulate lines 4) Processing a crime scene requires the use of ap- preserve its integrity; thus, intentional, accidental 11) Nobody without prior authorisation should be
of investigation. propriate human and material resources. and/or negligent alteration to or contamination allowed access to the scene.
• Obtain statements from potential witnesses. of the scene must be prevented.
• Detain/arrest potential suspects. 5) The team carrying out the investigation at the cri- 12) All authorised persons entering the femicide sce-
me scene should always be led by a representati- 2) The physical means used to protect the femicide ne must be identified and recorded, on entry and
24) When required due to the special features of the ve of the competent authority, who is responsible scene should be suited to its specific characteris- departure.
crime scene and/or of the femicide, other specia- for all actions taken there. tics and to those of the evidence observed.
lists should be called upon to assist. 13) The competent authority should be informed of
6) The approach to and the initial analysis of the 3) The police officer who makes first contact with the the identity of individuals seeking access to the
25) The need for these additional persons, and the scene of a femicide requires prior evaluation of crime scene is responsible for taking the initial crime scene.
specialist skills required, will be decided by the the security conditions present. measures to protect it and any evidence present.
90 14) The suitability of the initially-established entry ultimately responsible for ensuring that the pro- additional lighting and fingerprinting equipment, 23) When retrieving evidence, and if in doubt, there 91
and exit routes to the scene should be confirmed, cessing is complete and complies with scientific should be used in the search for evidence at the must be a mechanism to facilitate communica-
and more appropriate ones adopted if necessary. criteria and with all legal requirements. crime scene (latent evidence). tion between the investigator and the technical
staff at the corresponding laboratory.
15) Within the protected area, a secure space should 6) The representative of the competent authori- 14) No evidence should be removed from the scene
be identified, in which to deposit the material to ty should be regularly informed of the progress before it has been recorded. 24) By documentary means or other method validated
be used in the investigation, as well as the evi- made in the processing, as well as all the par- for this purpose, the chain of custody of the evi-
dence obtained, after its processing. This space, ticular circumstances that might call for certain 15) It is necessary and obligatory to record/register dence must be monitored, from the first contact
in turn, should be properly guarded. measures to be adapted or for additional ones to the scene and all the evidence observed. by each of those present at the femicide scene
be implemented. until its delivery to the laboratory for the corres-
16) All persons authorised to access the femicide sce- 16) In order to record a femicide scene, the minimum ponding analysis.
ne must wear full protective clothing (individual 7) In processing a femicide scene all persons invol- requirements are that it should be described in
protection), in order to avoid contamination of ved must use appropriate means of personal pro- writing and photographed. 25) All evidence recovered must be documented.
the scene. tection to avoid contamination of the evidence.
17) The femicide scene should be recorded at the 26) Until its dispatch to the corresponding laboratory,
17) All security measures will remain in force until 8) Processing a scene comprises the following pha- same time as the observation is being conducted. the evidence must be stored, protected and guar-
the competent authority orders the scene to be ses: ded in a secure area.
abandoned. 18) Each element of evidence at the scene must be
• Observation recorded individually, and also in relation to the 27) It should be foreseen that the storage of certain
9. Processing the scene • Record taking partial and general context of the crime scene. evidence may require the use of means such as
• Recovery of evidence containers or devices maintaining the proper
1) The purpose of processing the femicide scene is • Preservation and custody of evidence. 19) All digital media used to store the photographs temperature to prevent deterioration until the
to obtain all the evidence present, both biological taken at the femicide scene should be strictly se- evidence is dispatched to the laboratory.
and non-biological. Once this is analysed, it will 9) In every processing of a femicide scene, com- cured and attached to the corresponding report
help establish the links between the scene, the pliance with these phases is required. when so required. 28) The act of leaving the femicide scene constitutes
victim and the suspect. part of its processing.
10) Observation of the femicide scene must be the 20) In cases in which the evidence is fragile and sus-
2) Processing should begin as soon as the scene is first stage in its processing. ceptible to contamination, the observation, recor- 29) The representative of the competent authority is
properly secured and protected. ding and evidence retrieval should be performed responsible for taking the decision to leave the
3) All actions taken during the processing must be 11) The observation should be methodical and unhu- without delay, but sequentially and methodically. femicide scene.
fully documented. rried.
21) Minimally interventional techniques should be 30) Before leaving the scene, it is necessary to review
4) As far as possible, the material and personal re- 12) During observation of the scene, all evidence that used in the retrieval of evidence. and methodically summarise each and every one
sources applied should be appropriate to the cha- could be of probative value concerning the femi- of the actions taken until that moment in the in-
racteristics of the scene. cide committed must be located and identified. 22) When an element of evidence is recovered, all vestigation.
care should be taken to ensure it is of sufficient
5) The representative of the competent authority is 13) Where necessary, auxiliary resources, such as quantity. 31) If necessary, a further partial or complete proces-
92 sing should be carried out before leaving the sce- 7) The entire substrate should be extracted, if the 10) All evidence that is wet or which is located on morphology of any bloodstains observed, a ques- 93
ne. nature and physical characteristics of the eviden- a wet substrate must be allowed to dry before tion that may be essential in the reconstruction
ce make this advisable. being packed. of events, and to distinguish:
10. Processing evidence from the femicide • Projection-Fall
scene 8) When a swab must be used to collect a fluid or 11) Each element of evidence must be packed separa- • Contact
stain, a specific methodology, based on the fo- tely. • Runoff
1) The evidence obtained at the scene of a femici- llowing guidelines, should be followed: • Steeping
de does not differ greatly from that found at the • Open the vessel containing the swab. 12) Whenever possible, the evidence should be pac- • Cleansing
scene of any criminal event resulting in death. • Apply the swab unmoistened, directly, when ked within primary, secondary and tertiary con-
However, there are certain femicide scenarios in this is feasible. tainers, successively, as additional protection to 19) Accordingly, the personnel called to the scene to
which the evidence is very specific. • If necessary due to the characteristics of the ensure its integrity during delivery to the labora- investigate such findings should be specially trai-
sample, before applying the swab, moisten tory. ned in their processing.
2) The fundamental goal in processing a femicide the tip of the swab with a drop of distilled
scene is to recover the evidence present. water or phosphate saline solution, avoiding 13) Each evidence pack must be fully and accurately 11. Examination of the body at the crime
supersaturation and never introducing the identified. scene
3) Before recovering any evidence, the investigator tip of the swab into the vial containing the
must take appropriate measures of personal pro- liquid. 14) As far as possible, the evidence should be immo- 1) At the crime scene, the body should be examined
tection to prevent contamination of the scene • Apply the distal end of the swab, performing bilised within the container, to avoid its deterio- only by the forensic medical officer or other phy-
and of the evidence. Such measures should inclu- a rotary motion on the entire surface on ration by friction or impact during storage and sician in his stead with appropriate training in
de the use of: which the stain or fluid is located. transport. legal and forensic medicine to carry out this task.
• Protective crime-scene suit • Each swab should be applied once only, cove-
• Face mask ring a maximum surface area of about 15 sq 15) Like all other elements of evidence, the body of 2) When it is dangerous or impossible to conduct a
• Gloves cm. the victim should be processed at the scene of preliminary examination of the body where it was
• Overshoes. • When the substrate containing the fluid or the femicide. found, it should be moved to a nearby area where
stain is uneven, as well as the above-mentio- this work can be done safely.
4) These elements should be disposable and should ned rotary motion, the swab should also be 16) Any action taken regarding the body should be su-
replaced in full or in part whenever necessary. applied in a back-and-forth movement. pervised by the forensic medical officer or other 3) The body should be examined at the scene in such
• If it is necessary to use a moistened swab, physician present, who is always the person in a way as to avoid any interference with the sub-
5) Everyone involved in processing the crime scene a dry one should always be applied subse- charge of processing the scene. sequent autopsy, whether by manipulation, clea-
must previously ensure the adequacy and suffi- quently on the same substrate. ning, deterioration or change, even for the purpo-
ciency of the material resources available for this • After being allowed to dry at room tempera- 17) Very special attention should be paid to the pat- ses of crime investigation.
purpose. ture, the swabs should be stored in individual tern of distribution of blood stains in the scene.
containers. This pattern must be observed and recorded ca- 4) Therefore, this examination should be minimally
6) The material resources employed should be ap- refully before recovering this biological evidence intrusive, and initially performed only to determi-
propriate to the nature of each element of evi- 9) As far as possible, avoid the use of plastic contai- from the scene. ne the data that are essential to begin the femi-
dence present, its physical characteristics and ners for the storage of biological evidence, parti- cide investigation:
the substrate on which it is deposited. cularly when DNA analysis may be needed. 18) Particular care must be taken in recording the • Race
94 • Age latives’ distress regarding any investigative study 13. Methodology for transfer and custody 14. Recommendations for femicide autop- 95
• Identifying signs of the body that may be required. of the body sies
• Initial evidence concerning the femicide
• Possible cause of death. 3) When a femicide is notified, information of this 1) Special attention must be paid to preventing evi- 1) An autopsy must be performed in all cases of fe-
fact should be communicated to the victim’s di- dence from being deposited on the body during micide or suspected femicide.
5) This information should be considered provisional, rect relatives, such as parents and siblings, as transport, and to avoiding any kind of additional
pending the results of the autopsy. soon as possible. injury to it that might interfere with the autopsy 2) All autopsies performed on femicide victims must
investigation. include a complete photographic record of the
6) To this purpose, a systematic study should be 4) The families of the victim should be aware that most important aspects of the body and of the
made of: the studies to be performed are aimed at de- 2) Accordingly, the forensic medical officer should main findings.
• The clothes on the body, taking note of signs termining the circumstances of the death and be equipped with the necessary resources to be
of tearing or other indications of violent ac- identifying the person responsible. They must be used systematically in the transfer of the body. 3) Before starting the autopsy, the pathologist or fo-
tion by external agents. informed that the body of their relative will be rensic medical officer responsible should be pro-
• The skin surface, for signs of violence. treated with dignity and respect. 3) The victim’s hands should be protected for later vided with all the data obtained from the crime
• At the scene and during transfer to the labo- study by means of paper bags. scene.
ratory, special care must be taken to preser- 5) The information provided to the victim’s family
ve the following elements: must always include the fact that the body is re- 4) All elements that may aid identification of the 4) Once the protocol has been activated, at least
• biological fluids quired by the justice department for the purposes victim should be recorded and conveyed together one member of the team of experts or physi-
• organic remains of the investigation, and that it will subsequently with the body. cians who conducted the technical examination
• other elements from the scene that may be released to the family. Until that moment, they of the scene should be present at the autopsy, to
assist identification. should be given accurate and timely information. 5) If clothing is found beside the body, it should be assist in the provision and interpretation of the
placed in a separate bag and conveyed together data collected at the crime scene. Accordingly, a
7) If the body is found together with restraints, these 6) This information should be structured to be con- with the body. mechanism should be established for the orderly
must be preserved for later study in the morgue veyed, both in writing and orally, by professionals transmission of data from the investigators at
and possibly, too, in the laboratory. trained for this purpose. 6) The clothed body should be placed in a body bag the scene to the persons carrying out the autop-
that provides complete isolation, in order to pre- sy.
8) Clothes must never be removed from the body be- 7) The content of the information given to relati- serve the evidence deposited on the body and
fore its delivery to the morgue. ves of the victim should be in accordance with any lesions present. 5) In all cases in which the protocol has been activa-
standard guidelines designed by specialists in ted, a full autopsy should be performed, including
12. Information and support for relatives of this question, which enable engagement and 7) The body should be transferred to the morgue in a study of the cephalic cavity and of the cervical,
the victim access to justice for family members. Dignified a refrigerated vehicle designed for this purpose. thoracic and abdominal regions, together with
treatment will lend them security and confidence If this is not possible, the transfer should be trea- a detailed examination of the natural orifices
1) Providing information and support to the families in the different actions to be undertaken. ted as matter of urgency to minimise the time and also, at least when a lumbopelvic autopsy is
of femicide victims should be a matter of priority involved. carried out, and when this cannot otherwise be
in the actions taken during the investigation. done, an appropriate study of the anorectal and
vulvovaginal regions. An autopsy of the limbs and
2) The provision of such information will reduce re- spine may also be required.
96 6) Where there are suggestive elements of evidence cused to this end, avoiding unnecessary tests and whenever possible a full radiological examination 27) The description of the injuries to the body must 97
regarding the mechanism of death, the autopsy costs. should be conducted prior to the autopsy. include, at least, the following parameters:
technique should be suited to the type of injury • Number.
and circumstances of the death. 11) As far as possible, all autopsies practiced in cases 19) Prior to any manipulation of the body, appropriate • Type.
of femicide or suspected femicide should be con- samples must be obtained, paying special attention • Morphology.
7) The most common mechanisms of death in cases ducted by two physicians, at least one of whom to those present in and around natural orifices. • Exact dimensions.
of femicide are by knife and gun, multiple con- should have specific training and/or recognised • Anatomical location (relative to benchmarks)
tusions by simple or complex mechanisms, and qualifications in legal and forensic medicine. 20) The material applied at the crime scene to protect • Direction.
mechanical asphyxia. In each case, the autopsy the victim’s hands should be removed, taking all • Presence of secondary reactions to the injury
technique should be suited to the mechanism or 12) The autopsy technique should be adapted to the care to preserve their integrity. and of foreign bodies within it or nearby.
mechanisms of injury. specific characteristics of the femicide.
21) This material, once removed, should be dispat- 28) Any foreign bodies within an injury or in the vici-
8) Taking into account the most common mecha- 13) In every case, the technique or method used du- ched to the corresponding laboratory for analy- nity should be recovered and sent to the corres-
nisms of death encountered in cases of femicide, ring the forensic autopsy should approximate sis. ponding laboratory.
the anatomic relationships of each injury should as closely as possible that used in anatomical
be established by examination of different body pathology autopsies. 22) No action should be taken to obtain fingerprints 29) When a resection must be performed at the site
planes. and by interpretation of the findings until the hands of the victim have been examined, of the injury to enable complementary analysis,
without evisceration, or if this is deemed essen- 14) A specific autopsy technique must be used in ca- the evidence recorded and samples taken, if ne- a considerable safety margin around the injury
tial, only after first conducting a comprehensive ses of femicide in which cervical compression has cessary. must be established and respected.
study of the organs and anatomical spaces in taken place, in cases involving drowning, knife or
situ. gun wounds, explosions or fires, and in all cases 23) A photograph must be obtained of the garments 30) If necessary, the upper and lower jawbone should
in which sexual assault or poisoning is suspected. found on the body. be extracted to enable identification of the body.
9) The method applied in each such case should be
addressed in the context of criminal investiga- 15) Lesions or alterations produced accidentally du- 24) Removal of these garments, if this requires them 31) In all femicide autopsies, samples must be taken
tion, and thus the approach taken in a forensic ring handling of the body, its dissection and/or to be cut, should be carried out seeking to main- for subsequent analysis.
autopsy will differ from that appropriate to a cli- during the taking of samples (autopsy artefacts) tain the continuity that may be present among
nical autopsy. Therefore, the findings of interest must be photographed and specifically described. them. 32) Whenever possible, appropriate samples should
for criminal legal deductions should prevail over be taken for histopathological analysis, including
descriptions of anatomic-clinical features that 16) Both before and during the autopsy, the body 25) Special attention should be paid to possible con- at least those corresponding to the major organs
may be of little or no relevance to the criminal should be manipulated only to the extent strictly tinuity among the victim’s clothes, to correlate (brain, heart, lung, liver and kidney).
investigation. necessary. their existence and situation with the external
lesions observed on the body. 33) In every case, appropriate samples should be
10) The method adopted for the autopsy and any 17) Manipulation of the cervical region should be per- taken for toxicological analysis, including at least
complementary studies arising from it must be formed with the greatest caution, avoiding any 26) The external examination of the body and the samples of peripheral blood, urine and gastric
aimed at determining the cause of death and at sudden movement. description of the injuries present should be con- contents. Depending on the background and the
identifying the circumstances in which it occu- ducted in accordance with standard anatomical clinical situation, these may be supplemented by
rred. Accordingly, the examination should be fo- 18) In all cases of femicide or suspected femicide, practice. samples of vitreous humour, cerebrospinal fluid,
98 bile and hair. When necessary, samples of the or- producing a description of the lesions present, tion should include a description of the placenta, if available, an apparatus to magnify the obser- 99
gans should also be taken for toxicological study. should document the presence of secretions and previously detached by manual traction, and the ved image should be used.
their characteristics, and any foreign bodies pre- myometrium. • The extremities of the section obtained should be
34) When dismemberment has occurred, the amputa- sent, which should be photographed and retained • External examination of the foetus should include examined to determine whether foreign mate-
ted limbs should be examined in the autopsy. for further study. anthropometric measures and determination of rials are adhered. If any such are present, they
• The autopsy technique should be suitable to the the gender. should be photographed, collected and preserved
35) In cases of multiple killing, the autopsy should not victim’s gestational age. In the second and third for further study.
be limited to a study of each body individually. trimester of pregnancy, in addition to the autop- 3) Dismembered or mutilated bodies, and body parts • The presence or absence of marks on the bones
These should be interrelated, to correlate the fin- sy of the mother, one should be conducted on the • In the case of dismembered bodies and body should be specifically determined. When any such
dings in all of the bodies, interpreting them as a foetus. parts, the fundamental aim of the autopsy is marks are observed, they should be fully docu-
group and listing the diverse elements of eviden- • A visceral examination should be performed in to determine the number of bodies, to identify mented.
ce that may be coincident. situ prior to opening the pelvic cavity and remo- them, to establish the correlation between the • In an autopsy of dismembered bodies or body
ving the organs. different parts, to study patterns of injury, to parts, the cavities should be opened, where pos-
15. Autopsies in special cases • If the victim was in the first trimester of preg- determine the cause of death and to distinguish sible, and, as appropriate, the soft tissues dissec-
nancy, the internal examination should include injuries caused during life from those produced ted to access the bone.
1) The following are considered special-case autop- removal of the urogenital organs (lumbopelvic after death. • Samples should be taken for complementary stu-
sies: autopsy). • In the case of dismembered bodies and body dies to enable genetic, toxicologic and criminolo-
• Pregnant women, • The internal examination of the uterus should parts, a judicial autopsy should always be perfor- gic identification.
• Dismembered bodies always include its mouth. The contents should be med. • An anthropologic study should be made of dis-
• Mutilated bodies described and preserved for subsequent analysis, • When the victim’s clothes, or fragments of them, membered bodies or body parts.
• Limbs or other body parts if needed. are present, they should be photographed, pre-
• Charred bodies • The internal examination should always include served and studied. 4) Charred bodies
• Body remains. the description and opening of the cervix and a • In these cases, the external examination should • Charred bodies must be handled with the utmost
study of the ovaries, parametria and annexes. include a written description and photographs of care as their fragility can easily lead to the acci-
2) Pregnant women • In performing the incision to enable the internal all distinguishing marks, to enable subsequent dental production of artefacts and hence errors
• Depending on the age of victim, the femicide in- examination of a victim in the second or third tri- identification. in the final evaluation.
vestigation should take account of the possibility mester of pregnancy, care should be taken not to • The level and anatomic location of the sections • A judicial autopsy must be performed in all ca-
that she was pregnant. damage the uterine contents. made should be individually described and photo- ses of charred bodies. Whenever possible, before
• During the external examination of the body of a • Once the abdominal cavity has been exposed, a graphed, distinguishing between disarticulation such an autopsy, a full radiological study of the
pregnant woman who died violently, apart from macroscopic description should be made, and the and bone section. body should be carried out.
the general issues applicable to all autopsies, the uterus palpated before it is opened. • Whenever possible, before conducting the autop- • After the body has been photographed, the exter-
examining physician should document any ex- • When the victim is in the second or third trimester sy a radiological study should be made of incom- nal examination should include a complete des-
ternal signs of pregnancy and any active genital of pregnancy, the opening of the uterus should be plete bodies and/or body parts. cription of the injuries observed, seeking to diffe-
bleeding. This external review should include a initiated by making an incision in the fundus, to • Detailed photographs should be made of all re- rentiate those caused in life from those occurring
detailed description of all injuries and in particu- allow the removal of the foetus, while leaving the sected body parts. after death. For these purposes, it can be very
lar any lesions in or around the genital area. cervix and vagina intact. • In all cases, a rigorous examination should be useful to examine injuries on areas of intact skin.
• The external genital examination, as well as • After removing the foetus, the internal examina- made of resected body parts. For these purposes, • A thorough examination should be made of ampu-
100 tated limbs, particularly of their extremities, and nipulated by forensic anthropologists, forensic skeletal remains in their entirety; each bone presence of objects invisible to direct inspection. 101
their characteristics fully documented. The use of medical officers and auxiliary staff specifically should also be photographed individually, in its This radiologic examination should include speci-
complementary equipment to magnify the image trained for this task. original situation. The use of metric scales will fic exposures such as an initial oral panorama.
is especially useful in this regard. • In addition to the outcome of the study of the re- enhance the precision of the description made. • Before examination, the bones should be washed,
• The head, thorax and abdomen, at least, should be mains found, it is also important to consider the • If the body or the remains are buried, the layers of avoiding abrasive actions, and dried at room
opened. circumstances in which the burial took place, or earth should be carefully cleared, taking into ac- temperature in a suitable atmosphere.
• When the victim’s gender cannot be ascertained in which the body was hidden. count the possibility that each stratum may con- • All the bones should then be studied. When femi-
by external genital examination, an internal exa- • It is of fundamental importance that skeletal re- tain evidence of interest for the investigation. The cide is suspected, it is important to look for pos-
mination should be conducted to verify the pre- mains should not be handled at the crime scene, location of the stratum should be specified in three sible signs of repeated violence, such as multiple
sence or otherwise of the uterus. in order to avoid accidental or negligent con- dimensions, noting the state in which it is found. fractures or earlier ones in different stages of
• To determine the victim’s original height, a ti- tamination. For this purpose, the area must be • All signs relating to the environment in which the consolidation.
bia, fibula and/or humerus, if possible complete, protected and access allowed only to accredited body may have remained (mummification, sapo- • The investigator should seek to obtain a complete
should be surgically extracted. investigators. nification, maceration) should be fully described. dental chart, by examining the teeth recovered,
• The age of the victim should be determined by • The date and time of the start and finish of the • All the earth collected, including that obtained including their individual characteristics and the
studying the chondrocostal junction of the fourth autopsy should be precisely documented. above, below and beside the remains, should be presence of any fractures and dental work.
left rib and the pubic symphysis, which must be • The workspace should be located, initially using sifted. • As in other autopsy situations, the different teeth
extracted for this purpose. references based on data such as the presen- • The earth thus obtained should be sent for analy- should be photographed both as a set and indivi-
• Determining the race of a charred body can be ce of signs of earth movements, in the case of sis to determine, at least, the pH, organic matter dually.
a very complicated task, but a study of the cha- burial, or objects used to hide the body, such as content and calcium concentration. • Individual examination of the teeth will reveal the
racteristics of the skull and teeth can sometimes branches, cardboard, metal sheets, etc. These as- • The excavation should be extended 30 cm around existence of specific signs of possible violence,
allow useful conclusions to be drawn in this re- pects must be defined in writing, describing their the body, and to this depth beneath it, once the abnormal development, congenital or acquired
gard. presence and the precise location of the human body has been removed. abnormalities, and lesions frequently observed in
• In every autopsy of a charred body, the airway, es- remains. • Whenever possible, a metal detector should be cases of femicide, such as fractures.
pecially the larynx and trachea, should be exami- • An initial sketch should be drawn and a full pho- used prior to the exhumation of the body or re- • Careful observation of the laryngeal skeleton may
ned. tographic record made, prior to any manipulation mains. This apparatus should be used as often reveal traumatic disorders, suggesting the exis-
• In every case, samples must be taken for toxico- of the remains. as needed throughout the study of the area of tence of prior cervical violence.
logic study, in order to determine the presence of • Grids should be used to represent the different interest. • In certain instances, careful examination of the
carbon monoxide, alcohol and other toxins. areas to be studied, assigning fixed, unambi- • After the remains have been collected, they should bones may reveal signs of previous contact with
• In addition, an anthropologic study of the charred guous numerical references to each of the areas be packaged and bagged, labelling the bags so metal (stabbing attacks or firearm injuries).
body is recommended. marked. that the initial location of these remains is une- • Attention should be paid to the colour of the bo-
• In the initial examination, the skeletal remains quivocally apparent at all times, taking into ac- nes found, as this may reflect poisoning.
5) Bone fragments should be classified as single or multiple, and as count the references obtained at the scene and • All samples should be labelled unambiguously.
• When skeletal remains are found, investigators primary or secondary. transferred to the initial sketch.
should proceed with extreme caution. The pos- • Every action performed with respect to the bones • All the investigators involved in the study and 16. Complementary studies
sibilities of losing vital evidence are very high if must be described in writing, specifying the date analysis of skeletal remains should be identified.
these remains are not handled appropriately. and time of each intervention. • The analysis of skeletal remains requires a prior 1) Complementary tests in the investigation of a
• Bones and bone fragments should always be ma- • A zenithal photograph should be obtained of the radiologic examination, in order to visualise the femicide require the study to be adapted to the
102 particular case and to the technical resources full cerebellum and choroid plexa. rresponding containers, and subjected to tassium oxalate as an anticoagulant. Both 103
available. • A fragment of the spleen, weighing about security and preservation measures simi- tubes should be completely full and air-
100 g. lar to those described above. free.
2) Such complementary studies can be of two types: • A fragment of the liver, weighing about • Vaginal wash: after samples have been ob- • Blood from the cardiac cavity obtained by
100 g. tained with dry swabs, the vaginal cavity transmyocardial puncture.
Analytic • Sexually motivated femicide. should be washed, with 10 ml of saline so- • Vitreous humour, in as large a quantity as
• Criminal • The entire body surface of the victim lution using a syringe; the aspirated pro- possible, ensuring the tube contains no air.
• Chemical-toxicologic should be studied in order to identify and duct should be kept in a sterile tube and • Up to 50 ml. of urine, obtained by transve-
• Anthropologic obtain all biological evidence present, with refrigerated until its transfer to the labo- sical aspiration.
• Pathologic particular attention to the presence of pu- ratory for DNA analysis. • The entire gastric contents, stating if pos-
• Biologic bic hair and possible marks. Both of these • Anal and perianal samples should be ob- sible the volume or weight.
Imaging techniques: indications can be useful for obtaining ge- tained using two dry sterile swabs applied • The viscera, preferably in a wide-mouthed,
• Radiologic netic material that may enable individua- in the anal canal and to the perianal area, sealed plastic container, including the liver
lisation. This material must be protected avoiding as far as possible contamination (a wedge weighing about 50 g, unrefrige-
3) Taking into account the different ways in which from possible contamination and carefully by faeces, which might interfere with the rated) and the kidney (a fragment weighing
femicide may take place, the following samples preserved. genetic analysis. about 50 g, unrefrigerated).
should be obtained: • Any kind of stain observed on the body • Finally, the victim’s clothes should be pre- • Lung, a fragment weighing about 50 g, un-
• Femicide by cervical compression. Anatomi- surface should be collected, especially in pared for dispatch to the laboratory by in- refrigerated.
cal samples from the cervical region, inclu- areas where bite marks are apparent, or troducing each item, after drying it whene- • Femicide by burning (fire, charring). The up-
ding muscle tissue, the neurovascular bundle, where there are traces of semen, saliva or ver possible, in a separate paper bag. per airways and the entire lungs should be
cartilage from the laryngeal skeleton, skin blood. Samples should be obtained using a • Sampling should always be taken from the sent to the laboratory, where appropriate,
and subcutaneous tissue related to any inju- sterile swab, to be kept subsequently in a genital organs before their removal, to together with burned skin for vitality testing.
ries observed in this anatomical region, to be suitable container to prevent deterioration avoid interference. When a sexual motive Peripheral blood should also be sent, in 5ml
used for anatomic-pathologic study. and transfer. is suspected, these organs should always tubes with preservative and rendered air-
• Femicide by immersion. Blood: as much as • Samples of pubic hair should be obtained be removed as they can be used in the tra- free, for carboxyhaemoglobin testing.
possible from each ventricle, to be inserted by combing and placed within a white ining of forensic medical examiners in the
separately in glass tubes with EDTA. In this envelope to facilitate subsequent visuali- procedures and techniques required in spe-
action, peripheral blood should not be inclu- sation and retrieval. In addition, samples cial autopsies. 3) Whenever possible, the various complementary
ded; a sample of this blood should be obtai- should be taken of hairs from all other • In addition to the samples mentioned abo- studies should be performed by different sections
ned by intracardiac puncture. anatomic regions. ve, a sample of blood unequivocally pertai- of the same laboratory.
• Lung: fragments corresponding to the dis- • Samples from the external genitalia, va- ning to the victim should be obtained, prior
tal portions of the different lobes, but pri- gina and cervix: the appropriate technique to dissection. 4) The operators taking part in each stage of the
marily from the lower right lobe, weighing consists in following an outer-to-inner pat- • Femicide by poisoning. The following sam- complementary studies should be skilled and ex-
100-200 g. tern, taking samples first from the vulva, ples should be collected for toxicologic study: perienced in these tasks.
• Sternum or femur to study diatoms in the then from the vagina and finally from the • Peripheral venous blood, collected into two
bone marrow. cervix. The swabs used to collect these 5 ml tubes, one containing sodium fluoride
• Central nervous system, including the dura, samples should be placed within their co- as a preservative and the other with po-
104 17. Collecting and processing samples and 2.- Packaging • The preservative used should be liquid for- pubic hairs. 105
sending them to the laboratory for comple- Samples should be packed within three containers: malin (4%). The liquid must cover the sample • Hairs found on the victim’s body.
mentary processing • Primary packaging: this is the material that completely. • Sample obtained with sterile swab from any
is in contact with the sample. It should be • The sample type must be appropriate to the biological stain on the body.
Sample collection, processing and transport require made of plastic, be wide mouthed and have study to be performed.
compliance with the following specific conditions: a screw top. In some cases, the dry sample 4-. Criminalistic studies
• Enter all required data in the chain-of-custody do- should be packed within paper or board. 3.- Biologic studies Before collecting samples from the body, investiga-
cument. • Secondary packaging: this should be suitable In general, in the collection of biologic evidence, the tors should take into account the criminalistic study
• Avoid substance transfer during sample collec- for containing the primary packaging, pro- following recommendations apply: to be carried out.
tion. tecting it from shocks and capable of absor- • Avoid the risk of substance transfer by using
• Handle the samples only as needed. bing any spills. disposable equipment when collecting sam- • Study of gunshot residues: take a sample
• Pack the samples in suitable containers. • Outer packaging: containing the primary and ples and by wearing protective clothing from the front and back of the area between
• Label the samples appropriately. secondary layers, it should be rigid and, as (gown, mask, cap and gloves). the first and second fingers of each hand.
• Document the number, quantity and location of far as possible, thermo-insulated. • Do not use any kind of preservative. Refrige- The victim’s clothes should be sent to the la-
the sample. rate the sample whenever possible. boratory to determine whether they contain
• Seal the container adequately. 3.- Labelling • Dry the sample before placing it in a suitable residues.
• Transport the sample to the laboratory by the most All sample packaging should be labelled using a mar- paper or card container. • Study of injuries (gun or knife wounds,
appropriate means, ensuring speed and security. ker pen with indelible ink, to include the following in- • Send it to the corresponding laboratory as wounds caused by blunt or sharp objects,
formation: soon as possible. signs of hanging or strangulation). The area
General Recommendations • Sample type. In order to facilitate determination of the victim’s of skin corresponding to the anatomic loca-
• Date of sample collection. identity: tion of the injury should be sent to the la-
1.- Documentation • Registration number and judicial file number. • Avoid the risk of substance transfer by using boratory, without adding any preservative
Forms to document sample dispatch and the chain of • Victim’s name, sex and age. disposable equipment when collecting sam- fluid, and identifying the anatomic region of
custody should be printed, and the personnel invol- ples and by wearing protective clothing origin, possibly attaching a photograph, in
ved should be trained in their use. These documents Specific recommendations (gown, mask, cap and gloves). addition.
should include at least the following data: • Do not use any kind of preservative. Refrige-
• Addressee. 1.- Toxicology studies: rate the sample whenever possible. 18. Procedure for the examination of detai-
• Details of the victim, if known. Samples sub- • Primary packaging containing blood must be • Dry the sample before placing it in a suitable ned persons
mitted. dry. paper or card container.
• Registration number and judicial file number. • Primary packaging containing blood must • Send it to the corresponding laboratory as 1) When an arrest is made, the competent authority
• Studies requested. also contain preservative. soon as possible. should be informed, in accordance with the laws of
• Background information, both clinical and • Packaging containing volatile toxic substan- In studies seeking to identify the aggressor, the fo- each country, so that a forensic medical examina-
concerning the autopsy. ces must be air-free. llowing samples are useful: tion of the detainee can be ordered.
• Details of the chain of custody (delivery per- • A sample obtained with a sterile swab from
son, date sent, delivery date, etc.). 2.- Anatomic pathology studies parts of the victim’s body where bites may 2) The objectives of this examination are:
• Cause, mechanism and manner of death, and • Plastic, wide-mouthed containers with a have been made. • To assess the detainee’s physical and mental
other relevant data. screw top should be used. • Hairs obtained by softly combing the victim’s state.
106 • To observe and record any lesions on the 9) The samples obtained in this examination must be 4) In itself, the statement of intention to cause death the risk-assessment scales produced as expert 107
body surface. handled in accordance with the chain-of-custody should be sufficient for the act to be considered evidence regarding the risk of gender violence.
• To obtain samples if necessary, with the rules until they are delivered to the corresponding attempted homicide. At a later time, further data,
detainee’s prior informed consent. laboratory. In the meantime, they should be sto- beyond that which can be inferred from the sta- 6) Assessing the risk of femicide, in any scenario, is
• To ensure the detainee’s physical and psycho- red, protected and guarded in a secure area. tement, may be added. of special importance regarding the considera-
logical integrity. tion of a criminal aggression as attempted femi-
19. Assessing items of evidence obtained in 5) In the context of violence against women, the act cide.
3) The purpose of assessing the presence of lesions the forensic medical examination in order in question is considered either an assault or an
on the detainee’s body is to obtain relevant data, to class the aggression as femicide or a les- attempted femicide on the basis of the state- 7) When the aggressor has a record of previous epi-
to determine the mechanism of its production ser offence ments made by the victim and any witnesses, and sodes of attempted femicide, or when the pre-
and to determine the object producing the data the data obtained from the police investigation sent act is considered such, this should be taken
observed. 1) Special attention should be paid to the items of and from forensic medical findings. into consideration in each country as a factor to
medical evidence obtained, as these may lead the determine the upper limit for a scale of the risk
4) The purpose of the psychological examination is court to consider the criminal act as attempted 20. Assessing the risk of femicide. of gender violence.
to reveal the presence of any state indicative of homicide or femicide or merely as one of assault.
intoxication, mental disorder or impairment. The medical examiner’s expertise can be crucial 1) In all cases of survival of the victim of gender vio- 21. Application of the Recommendations
to the outcome of this consideration, since the lence in the context of a personal relationship,
5) If any severe disorder is observed, the investiga- proof of intent to cause death, even when no in- an assessment of the risk of violence should be 1) This Manual contains an ordered series of recom-
tor must decide whether the detainee should tes- jury is caused, may be sufficient. conducted as a matter of urgency, to enable the mendations to ensure the effective investigation
tify or be transferred to a medical facility. prosecuting authority to propose and implement of femicide, from a scientific standpoint.
2) When injury is caused, the report by the forensic appropriate measures of prevention.
6) The samples collected should include fluids, tis- medical officer, whether in conjunction with the 2) Each country should adapt and apply these re-
sues from under the fingernails and any other testimony of witnesses and the results of the 2) Each country should analyse the factors on which commendations in accordance with its own si-
evidence of interest for the investigation. police investigation or in itself, may lead to the such an assessment is made. tuation and circumstances.
offence being classed as assault or attempted
7) Before the examination, the detainee must be in- homicide/femicide, and so the medical forensic 3) The assessment of the risk of gender violence 3) Each organisation involved in the investigation of
formed of its purpose, and of the fact that a urine study of the injuries caused to women who su- should be carried out only in the judicial and fo- femicide should adopt and promote the measu-
analysis may be performed to determine the pre- ffer abuse should always be complemented by an rensic medical context, using the data thus ob- res described in this Manual.
sence or otherwise of illegal drugs or their meta- assessment of the life-threatening risk of such tained and the results of the investigation and of
bolites, as well as any complementary tests consi- injuries. the corresponding forensic tests. 4) Each official body involved in the investigation of
dered necessary by the forensic medical examiner. femicide is responsible for ensuring compliance
3) For the purposes described above, the forensic 4) The risk assessment should consist of an open- with the protocols corresponding to it, arising
8) After the examination, the forensic medical exa- medical service should establish guidelines for ended list of parameters, to be periodically re- from the recommendations presented in this Ma-
miner must issue a medical report as soon as the assessment of life-threatening physical inju- viewed, that have been analysed, approved and nual.
possible stating the results of the examination ries and train medical examiners in the funda- updated by experts in forensic science.
and the circumstances of interest for the investi- mentals and in the development of expert medi- 5) An inter-institutional committee should be crea-
gation of the facts. cal reports to this end. 5) Operators should be specifically trained to apply ted to coordinate femicide investigation, media-
7
108 ting between the diverse official bodies involved. Normas para la preparación y remisión de muestras 109
Heads of each of the official bodies involved in objeto de análisis por el Instituto Nacional de Toxico-
the femicide investigation should be represented logía y Ciencias Forenses [Rules for the preparation
on this committee. and submission of samples for analysis at the Na-
tional Institute of Toxicology and Forensic Sciences].
6) Any changes required to improve the investiga- Orden JUS/1291/2010. Spain.
tion of femicide should be discussed and appro-
ved by the inter-institutional committee. Protocolo Médico Forense de Valoración urgente de
violencia de género [Forensic medical protocol for the
7) Each official body involved in the investigation of urgent assessment of gender violence]. 2011. Minis-
femicide should be required to comply, in its res- terio de Justicia. Gobierno de España.
pective area and in practical application, with the
rules issued by the inter-institutional committee.
References Recomendaciones para la recogida y envío de mues-
tras con fines de identificación genética [Recommen-
8) The questions and issues addressed in this Ma- dations for the collection and dispatch of samples
nual are not necessarily valid for all countries, but for genetic identification]. Grupo de Habla Española
the view is taken that it is preferable to generali- United Nations Manual on the Effective Prevention Portuguesa de la Sociedad Internacional Genética Fo-
se rather than enter into individual exceptions, in and Investigation of Extra-Legal, Arbitrary and Sum- rense (GHEP-ISFG). Madeira 2002.
order to facilitate its development and validity. mary Executions. UN Doc. E/ST/CSDHA/12 (1991).
Minnesota Protocol.
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