Commingled remains and human rights investigations

Abstract

The investigation of human rights violations presents a number of difficulties that usually result from limited access to different types of data. The complexity of a case is increased when the evidence consists of commingled skeletonized remains. In fact, the management of large concentrations of such remains for their reassociation, identification, and return to the victims? families, as well as the determination of the cause and manner of death, presents a number of stage-specific challenges that deserve revisiting. EAAF (Equipo Argentino de Antropologa Forense/Argentine Forensic Anthropology Team) is a nonprofit scientific NGO that applies forensic sciences-mainly forensic anthropology and archaeology-to the investigation of human rights violations in Argentina and worldwide.1 The team was founded in 1984 in response to the need to investigate the disappearance of at least 10,000 people by the military regime that ruledArgentina between 1976 and 1983 (Fig. 4.1). In close collaboration with victims and their relatives, we seek to shed light on human rights violations, thus contributing to the search for truth, justice, reparation, and the prevention of future violations. EAAF members also serve as expert witnesses and advisors for local and international human rights organizations, national judiciaries, international tribunals, and special commissions of inquiry, such as Truth Commissions. EAAF has worked in over 30 countries throughout the Americas, Asia, Africa, and Europe to identify victims of disappearances and extrajudicial killings; return their remains to their relatives; present evidence of violations and patterns of abuse to relevant judicial and nonjudicial bodies; and train local professionals to continue this work at a local level. EAAF?s guiding principle is to maintain the highest respect for the perspective and concerns of victims? relatives and communities and to work closely with them through all stages of the investigation process. This chapter will present three examples from investigations that EAAF has conducted in El Salvador, Zimbabwe, and Argentina. Our goal is to contribute our experience to a discussion of the best forensic anthropological practices for the treatment of these particularly complex cases.We will further offer some considerations relative to recovery procedures, osteological analysis, and the use of background information as well as the limitations of these methods when working with commingled remains.