At the 15th IASR International Conference on Forensic Science, held in September 2024, Atty. Aloi Renz P. Santos delivered a comprehensive presentation titled "The Role of Forensics in Human Rights Investigations: Ensuring Accountability and Upholding Justice."
In this presentation, Atty. Santos highlighted the critical role of forensic science in the investigation of human rights violations, particularly in cases involving torture and other forms of cruel, inhuman, or degrading treatment. By employing forensic methods, justice can be sought for victims while ensuring that perpetrators are held accountable within both domestic and international legal frameworks.
Introduction to Forensics in Human Rights Investigations
Atty. Santos began his address with a thought-provoking exercise, asking the audience to momentarily envision themselves in a dark, isolated room—mirroring the psychological and emotional conditions experienced by victims of torture. This brief visualization underscored the profound isolation, fear, and anguish often felt by individuals subjected to such violations, setting a humanistic tone for the more technical aspects of the presentation.
By contrasting the prison conditions in the Philippines and India—where overcrowding, poor sanitation, and the denial of basic necessities such as food, water, and medical care are rampant—Atty. Santos established the environment in which systemic human rights abuses, including torture, occur. He emphasized the need for a robust forensic framework to expose such abuses, document them credibly, and ensure accountability for those responsible.
Legal Frameworks Governing Forensic Investigations
Atty. Santos then shifted the focus to the legal frameworks that underpin the use of forensic science in human rights investigations. He detailed key international instruments, including the United Nations Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR), which provide a foundation for prohibiting and investigating acts of torture. Specifically, UNCAT, adopted in 1984, mandates that state parties take effective measures to prevent torture within their jurisdictions, while ICCPR Article 7 explicitly prohibits torture and cruel, inhuman, or degrading treatment.
Further, Atty. Santos referenced the Rome Statute of the International Criminal Court (ICC), which classifies torture as a crime against humanity when committed as part of a widespread or systematic attack on civilians. On the domestic front, he discussed the 1987 Philippine Constitution and Republic Act No. 9745, also known as the Anti-Torture Act of 2009, which provides a legal framework for prohibiting and penalizing torture. Additionally, the Writ of Amparo was highlighted as an essential judicial remedy for victims of extrajudicial killings, enforced disappearances, and torture, thereby offering further protection under Philippine law.
Application of Forensic Science in Torture Investigations
A central component of Atty. Santos’ presentation was the application of forensic science in the investigation of human rights violations, particularly torture. He stressed that forensic techniques are indispensable for uncovering the truth in such cases, as they allow investigators to obtain objective, scientific evidence to support victims' testimonies. Forensic science serves to substantiate claims of torture, identify perpetrators, and build the necessary evidence for prosecution.
In cases of torture, relying solely on personal accounts or basic physical and psychological evaluations is insufficient. Atty. Santos emphasized the importance of gathering and preserving a wide array of evidence, including medical records, photographs, physical measurements, and trace evidence such as fibers, hair, and fingerprints. These forensic tools not only confirm that torture occurred but also help establish a direct link between the perpetrator and the crime.
One of the most critical elements of forensic investigation that he discussed was the chain of custody. He outlined the procedural steps required to ensure that all evidence is collected, documented, and preserved properly from the moment it is discovered until its presentation in court. This meticulous process ensures the integrity of the evidence and bolsters its credibility in legal proceedings.
Crime Scene Reconstruction and Evidence Analysis
Atty. Santos further delved into the process of crime scene reconstruction, which he identified as an essential aspect of forensic investigation in cases of torture. The goal is to piece together evidence from the crime scene to form a coherent narrative of the events, thereby proving that a human rights violation occurred. For example, forensic investigators must determine whether injuries on a victim align with the weapon purportedly used by the perpetrator or if the crime scene has been staged to obscure the true nature of the offense.
The classification of evidence into direct and circumstantial categories was another key focus of Atty. Santos' presentation. He highlighted that while direct evidence—such as eyewitness testimony or video footage—offers a firsthand account of a crime, circumstantial evidence (such as fingerprints or DNA) can also strongly imply a connection between the suspect and the crime. Atty. Santos stressed the importance of both types of evidence in building a comprehensive case.
The Role of Medical and Psychological Evaluations
Medical and psychological evaluations are paramount in torture investigations, as noted by Atty. Santos. He discussed the necessity of prompt medical examinations, particularly in cases where torture has occurred recently, as physical evidence can fade over time. Such examinations not only document physical injuries but also assess the long-term psychological effects of torture on the victim. Psychological evaluations are vital, especially when physical evidence is limited or difficult to obtain due to the passage of time.
In cases of sexual assault, Atty. Santos explained that victims often delay disclosure due to fear, shame, or stigma. Forensic investigators must therefore take a sensitive and patient approach, building trust over time to gather a full account of the assault. Detailed documentation of the victim’s injuries and medical conditions plays a crucial role in the prosecution of perpetrators, further ensuring justice for victims of sexual violence.
Forensic Science as a Tool for Justice
In closing, Atty. Santos emphasized that forensic science serves as an objective and powerful tool for uncovering the truth in cases of human rights violations. By providing irrefutable scientific evidence, forensic investigations break the silence that often surrounds these atrocities and ensure that justice is served.
He urged legal professionals, investigators, and forensic scientists to remain committed to fostering a culture of transparency and accountability in all human rights investigations. Through forensic science, the voices of victims are supported by incontrovertible evidence, and perpetrators are held accountable for their crimes.
Conclusion
Atty. Santos’ presentation at the 15th IASR International Conference on Forensic Science underscored the critical role that forensic science plays in human rights investigations. He demonstrated that through a methodical, evidence-based approach, forensic investigators can bring human rights violators to justice while ensuring that victims receive the justice they deserve. His insights reinforced the notion that forensic science is not only a tool for solving crimes but also a means of restoring dignity to those who have been subjected to the most egregious human rights abuses.