Practical and legal aspects of forensic autopsy expert team operations

Practical and legal aspects of forensic autopsy expert teamoperations

Juha Rainioa,*, Kaisa Lalua, Helena Rantaa, Kari Takamaab, Antti Penttilaa

aDepartment of Forensic Medicine, University of Helsinki, P.O. Box 40, Kytosuontie 11, Helsinki, FinlandbDepartment of International Law, University of Helsinki, Helsinki, Finland

Received 11 June 2001; received in revised form 6 August 2001; accepted 8 August 2001

Abstract

Finnish forensic experts have investigated remains of the victims of alleged mass violence in the former Yugoslavia in 1996

under the mandate of the United Nations, and in 1998 and 1999 under the mandate of the European Union. The investigative

documents later were surrendered to the International Criminal Tribunal for the former Yugoslavia (ICTY). The indictments

issued by the ICTY include charges even against the highest authorities of the Federal Republic of Yugoslavia. This study

describes the experience gained in organising forensic expert team operations in a foreign state by the Finnish team. The

establishment and operation of a forensic expert team in a foreign state involve, among other things, legal issues, often related to

differing legal systems. From an independent forensic expert team, great objectivity and self-constraint are expected. Moreover,

a clear and sufficiently detailed agreement on the mandate of the team and on the possibility for unhindered and safe access of

the experts to the alleged mass graves, as well as the assembling and briefing of the team members and provision of the

necessary equipment should be completed before the beginning of the mission. Furthermore, the application of adequate and

internationally recognised methods for processing and documenting the examination is essential for team’s credibility. q 2001

Elsevier Science Ireland Ltd. All rights reserved.

Keywords: Mass graves; Exhumation; Autopsy; Forensic pathology; Legal aspects

1. Introduction

Since 1992, the international community has been

involved in various armed conflicts, which have arisen

in the area of the former Yugoslavia. An International

Criminal Tribunal for the former Yugoslavia (ICTY)

was established in May 1993 by the United Nations

(UN) Security Council [1–4] and the Tribunal has,

thereafter, issued several indictments for violations

of international humanitarian law [5]. The forensic

investigations of the victims have been performed by

local forensic services [6,7] and by national [8,9] and

international forensic teams [2,10–18].

Finnish forensic experts performed investigations

of human remains in the territory of the Republika

Srpska in Bosnia and Herzegovina (BiH) under the

mandate of the United Nations (the UN Forensic

Expert Team, UN-FET) in July 1996 [19,20], and

then under the mandate of the European Union (the

EU-FET) in Kosovo, the Federal Republic of Yugo-

slavia (FRY), in December 1998 and January 1999

[21–24] (see Fig. 1).

In 1991, the Finnish Ministry of the Interior

Legal Medicine 3 (2001) 220–232

1344-6223/01/$ - see front matter q 2001 Elsevier Science Ireland Ltd. All rights reserved.

PII: S1344-6223(01)00041-4

www.elsevier.com/locate/legalmed

* Corresponding author. Tel.: 1358-9-1912-7473; fax: 1358-9-

1912-7518.

E-mail address: [email protected] (J. Rainio).

appointed a permanent national Disaster Victim Iden-

tification (DVI) team, under the supervision of the

Finnish National Bureau of Investigation (NBI). The

team in 2001 consisted of three forensic pathologists,

two forensic odontologists, 16 policemen, an autopsy

and X-ray technician, a psychologist, and a pastor. The

DVI team investigated two Finnish aircraft accidents

with small number of victims in 1988 and 1992. In

September 1994, the liner M/S Estonia sank with 989

passengers and crew. In all, 137 were rescued, and 757

victims remain missing. One victim was investigated

in Stockholm, Sweden. The Finnish DVI team

succeeded in identification of all 94 victims investi-

gated in Finland and in collection of ante-mortem

data on 852 victims and missing persons [24,25].

Since summer 1993, the skeletal remains have been

investigated of over 600 Finnish soldiers, deceased

and buried or missing in the Second World War in

the territory of the former Soviet Union and collected

by groups of Finnish volunteers. Table 1 summarises

the investigations performed by the Finnish DVI team

and those in which members of the DVI team have

participated.

2. Legal framework

2.1. Bosnia and Herzegovina

After Ms Elisabeth Rehn, UN Special Rapporteur

on Human Rights, visited Srebrenica in January

1996, she issued a proposal for forensic investiga-

tions of the victims found. In spring 1996, this led

to preliminary talks with the authorities of Republika

Srpska about the possibility of the Finnish forensic

experts’ conducting these investigations. The Finnish

Government provided support for the mission, and on

April 22, 1996, with agreement between the UN

J. Rainio et al. / Legal Medicine 3 (2001) 220–232 221

Fig. 1. Map of the Balkan region with indication of sites of Finnish team operations.

High Commissioner for Human Rights, Jose Ayala

Lasso, and the Prime Minister Kasagic of Republika

Srpska, the project involving the Finnish experts was

approved. The obligations of the Government of

Finland and the United Nations were agreed to in

the Co-operation Service Agreement, concluded on

June 20, 1996 (UN-FET). Investigation of the

victims was based on the order of the Supreme

Court of Tuzla.

2.2. Kosovo

After claims arose of several incidents of killing of

civilians by both sides of the ethnic conflict in

Kosovo, an independent investigation of alleged

mass graves was suggested within the EU. This was

initiated in August 1998 by Austria, then holding the

EU Presidency. Thereafter, on October 5, 1998, the

EU’s General Affairs Council made a decision to send

a team of forensic experts to Kosovo. It was agreed

that a team of Finnish forensic experts would work

under the mandate of the EU. The Government of the

FRY issued an invitation to the Finnish forensic

experts to work as a European Union Forensic Expert

Team (EU-FET). The practical arrangements of these

investigations were to be undertaken on the basis of a

Protocol on Co-operation between the Institute for

Forensic Medicine of Belgrade University (FRY)

and the Department of Forensic Medicine, University

of Helsinki (Finland), drawn up in November 1998.

Investigations by the EU-FET were to be carried out

in accordance with the laws of the FRY as a sovereign

state and by virtue of local court orders.

Investigations of the victims from Volujak and

Klecka were ordered by the District courts of Pec

and Pristina, respectively.

The Finnish forensic expert teams in BiH and in

Kosovo had no relationship to the ICTY. Later, the

UN and the EU, under the mandates of which the team

operated, surrendered the official investigative docu-

ments to the ICTY.

Forensic expert teams have been functioning around

the world by governmental request or under the

mandate of intergovernmental organisations such as

the UN, World Health Organization (WHO) or

UNESCO [1,26,27]. Non-governmental organisations

have also been involved, for example, the International

Committee for the Red Cross, Physicians for Human

Rights, Amnesty International, Human Rights Watch

[12,14–16,26,27] or even legal representatives of

victims’ families [27]. In advance it has to be clearly

agreed with local authorities that the forensic expert

team is permitted to operate in a certain area. If this

team is established by the international community of

states, the mandate of the team and reasons for its crea-

tion normally involve several questions of public inter-

national law. These may include, inter alia, the nature

of investigative acts and issues relating to the compe-

tence and powers of the initiating inter-governmental

organisation, especially when the team is to function in

the area of a state which is not a member of that parti-

cular organisation [27–29]. The aims set forth for the

J. Rainio et al. / Legal Medicine 3 (2001) 220–232222

Table 1

Investigations performed by the Finnish Disaster Victims Identification (DVI) team

Year Number of victims

investigated

Number of experts

involved

Aircraft accident, Finland 1988 6 6

Aircraft accident, Finland 1992 5 7

M/S Estonia ferry disaster 1994 95 40a

Victims of the Second World

Warb

Since 1993 Over 600 20c

a In addition to the team leader and the deputy leader, seven forensic pathologists, eight forensic odontologists, five autopsy technicians, one

X-ray technician and 17 forensic investigators, were also secretaries and forensic toxicologists.b During the project, skeletal remains of Finnish soldiers deceased in the territory of the Soviet Union in the Second World War have been

collected, transported to Finland, investigated, and buried since 1993.c The estimated maximum number of forensic pathologists, forensic odontologists, physical anthropologists, geneticists and forensic inves-

tigators involved in the project at different periods of time since 1993. In addition, dozens of volunteers have participated in the collection and

transportation of the human remains.

team in its mandate may include the possible use of the

results as part of the factual evidence in later legal

proceedings on an international, a regional or a

national level. Then, if the particular tribunal already

exists, the team has to take into consideration the

requirements set forth in its rules of evidence in plan-

ning the on-site activities and deciding on issues relat-

ing to the chain of custody [29]. Usually, the team

operates in the area of a sovereign state. This means

that the team has to take into consideration the require-

ments of the legislation of that state, if the area is not

under international supervision, or if the team is not

functioning on the basis of an obliging resolution of the

UN Security Council. The requirements set forth in the

legislation may also be partially or fully set aside in an

agreement concluded between the team or its home

state and the government of the host state. The legisla-

tion of the host state may include strict rules, for

instance, on the opening of graves, even at temporary

burial sites, on treatment of human remains, and on

reporting of findings [27,29].

Moreover, in resolving legal issues, the status of the

team members should be agreed upon. This includes

each member’s status in his or her capacity as a team

member to perform the official functions of the team

as well as his or her civil and criminal responsibility in

a private capacity as an individual performing legally

valid acts in a foreign state [29].

3. Advance preparations

The operation of the Finnish forensic expert team in

BiH was financially supported by the Finnish Govern-

ment and by the Royal Government of the Nether-

lands. The operation in Kosovo was financed by the

European Union and by the Finnish Government.

The equipment for the investigation was received

from the Finnish DVI team of the NBI or from the

Technical Research Centres and from the Department

of Forensic Medicine, University of Helsinki.

The advance work included preparation of the

exhumation and autopsy equipment, briefing of the

personnel, and preparation of the investigative strat-

egy and the logistics. According to recommendations

of the Finnish National Public Health Institute regard-

ing vaccination for the Balkan region based on infor-

mation from the WHO, the members of the Finnish

UN-FET and EU-FET were vaccinated against hepa-

titis A and B, poliomyelitis, tetanus, diphtheria, tuber-

culosis, typhoid fever, rabies, meningococcal

meningitis, and epidemic encephalitis, if they had

not already these vaccinations.

Accordingly, the forensic expert teams have

usually been vaccinated against these diseases, except

the latter two [17,30], and should also be prepared for

encountering staphylococcal and streptococcal infec-

tions and enteritis [30].

4. Personnel

The Finnish forensic expert teams, both in BiH in

1996 and in Kosovo, FRY, in 1998 and 1999, worked

as autonomous units in two distinct projects. The team

formation and arrangements may thus differ from

those which are effective in connection with a larger

organisation or which are in operation longer.

In BiH as well as in Kosovo, the teams were of a

multidisciplinary character. The composition of the

Finnish forensic expert teams during the three opera-

tions is presented in Table 2. Thus far, every operation

has involved forensic pathologists, forensic odontolo-


Table 2

Composition of the teams of Finnish forensic experts during the

operations in Bosnia and Herzegovina (BiH) and Kosovo

BiH

1996

Kosovo

1998

Kosovo

1999

Team leader 3a 1 1

Forensic pathologist 3 4 3

Forensic odontologist 2 1 1

Physical anthropologist 1 1 –

Forensic investigator 6 5 5

Autopsy technician 4 3 2

X-ray technician 2 2 2

Expert on explosives 2 1 –

Secretary – 1 1

Liaison officer 2 1 1

Accompanying diplomat – 2 2

Geneticistb 3 2 2

Forensic toxicologistb – – 3

Total 28 24 23

a One served also as a forensic pathologist.b DNA and toxicological analyses were performed in the Forensic

Biology and Toxicology laboratories of the Department of Forensic

Medicine, University of Helsinki, Finland.

gists, forensic investigators, autopsy technicians, X-

ray technicians, and liaison officers. When skeletal

remains were investigated in BiH in 1996 and in

Kosovo in 1998, a physical anthropologist was also

involved. The forensic investigators in BiH as well as

in both operations in Kosovo have been from the

Finnish police forces. During the operation in BiH,

all the documents resulting from investigations were

produced by the pathologists, odontologists, anthro-

pologist, and forensic investigators themselves, but in

Kosovo the team included a secretary, which made the

work more effective. Geneticists and forensic toxicol-

ogists at the Department of Forensic Medicine, Univer-

sity of Helsinki, carried out the DNA analysis for the

samples from BiH and Kosovo [21–23] and the toxi-

cological analysis for the samples from Kosovo [23].

All teams were assembled on a voluntary basis. The

medical experts of the UN-FET in 1996 were mainly

connected to the Department of Forensic Medicine,

University of Helsinki. The forensic investigators

were engaged through the NBI. Many of the members,

both medical and other experts, were also affiliated

with the Finnish DVI team. Members of the EU-

FET in Kosovo in 1998 and 1999 were for the most

part those who had participated in the work of the UN-

FET. The forensic pathologists were recruited also

from the Provincial State Offices. The leaves of

absence, insurance, co-operative arrangements

between different institutions and ministries, and the

secrecy of the work are issues which should be agreed

upon before the operation at the level of the national

legal system.

The number of experts and their field of specialisa-

tion and the number of other personnel required

depend on the number and condition of the victims,

on information concerning the events, on the tasks of

the investigation, on the period of time reserved for

the operation, and on other factors [12,15,27,31–33].

Whereas in mass disaster investigations the medical

experts involved are necessarily forensic pathologists,

forensic anthropologists, and forensic odontologists,

the role of the forensic odontologist in the investiga-

tion of victims from mass graves may be less obliga-

tory [10,15,17,30,34,35]. Moreover, forensic

investigators, photographers, autopsy technicians, X-

ray technicians, archaeologists, radiologists, forensic

toxicologists and geneticists, as well as site security,

secretarial, and logistic personnel are involved, and

sometimes also entomologists and botanists

[2,12,14–17,26,27,30–33,36]. Since nearly all ques-

tions in the establishment and operation of a forensic

expert team involve legal aspects, it would be bene-

ficial for a team to have access to sufficiently wide

legal information and expertise.

5. Safety

Despite many efforts, in BiH, the general safety of

the UN-FET during the operation of body recovery

could not finally be guaranteed by any authority.

However, concerning on-site security, every path in

the field and all human remains and related items

taken for examination were secured by a Finnish

expert on explosives, who also checked all foreign

objects during the autopsies. The team had maps

produced by the Peace Implementation Forces

(IFOR), which showed the locations of mine fields

in the area [19].

During the operation in Kosovo, it was agreed that

the government of the FRY guaranteed the security of

the team. The work took place in autopsy rooms of the

Department of Forensic Medicine, University of Pris-

tina. By that time, the skeletal remains from Volujak

and Klecka had already been examined by Yugosla-

vian experts. Nevertheless, all foreign objects, whether

found in the remains or seen in the X-ray examination,

were checked by the expert on explosives. During the

preparations for the intended exhumation of the

victims at Gornij Obrinje in December 1998, the grave-

site was investigated by the expert on explosives [21].

In January 1999, when the EU-FET participated in the

medicolegal autopsies of the victims from Racak, the

Yugoslavian authorities were responsible for the secur-

ity of the investigations in Pristina.

Guarantee of the personal security of the team

members is an essential condition but it is not always

ensured [12,15,27]. Moreover, security at sites is also

an important aspect of the chain of custody [1,30,37].

Plans for security should include, inter alia, insurance,

travel, housing, and arrangements for safe transporta-

tion during the work. Moreover, it is essential to have

a plan for evacuation of team members if the situation

in the area is rapidly aggravated. These plans should

also include provisions for transportation, protection,

and storage of the equipment and samples taken and,


in the case of evacuation, their safe preservation in the

area of operation, if they cannot be withdrawn

together with the team.

6. Exhumation

In all missions covered by the Finnish teams, equip-

ment necessary for the exhumation was brought from

Finland. This comprised the mine clearing officer’s

personal equipment with special shoes, helmet, and

mine detector, shovels, axe, meter tape and measuring

roll, isolation tape, writing and drawing materials and

plates, plastic envelopes, body bags, carrying straps,

bulletproof vests, and clothing for the team members,

including winter wool stockings, in addition to the

documentation equipment and first-aid kits with

bandaging materials, salt solutions, antibacterial and

analgesic drugs.

The course of action during exhumation is widely

discussed in the literature [1,12,30–32,34,37–40].

Detailed advance preparation is crucial for preserva-

tion of the evidence during excavation of the remains.

The investigated area and the gravesite should be

mapped, photographed, and videotaped, to demon-

strate the location of the human remains in the area,

the scale, and magnetic north [30–32,38,39]. At every

stage, the exhumation procedure itself should be

documented accurately with a scale and identifying

number for each of the remains or items

[12,37,40,41]. The position of the human remains at

the site as well as the orientation of the items and the

relationship between different individuals and items

must be apparent [15,27,30,31,37–39]. All the find-

ings made during the excavation should be recorded

minutely in situ [27,30,31,40,41]. Negative findings

may also be informative [40]. The main tasks in this

process are the reconstruction of the events surround-

ing the burial and the collection of all information that

can appear useful for determination of the cause and

manner of death and for identification of the victims

[12,15,30,38].

At Gornij Obrinje, 23–24 members of an ethnic

Albanian family, including young children and

elderly people, were reported to have been killed,

presumably by Serbian armed forces, in September

1998. There were also allegations of possible post-

mortem mutilation of the victims by ethnic Albanians

in order to make the situation appear more extreme.

The victims were buried by relatives shortly after

being found. During the operation in December

1998, the EU-FET was intended to perform the exhu-

mation at Gornij Obrinje. According to the scheme,

the excavation of the individually buried victims was

to be recorded in written documents and in drawings,

photographs, and on videotape. All human remains

and all material belongings were to be collected,

together with soil samples from the graves. The first

external examination of the victims was to be carried

out at the site, but more detailed examination was to

be performed at the Department of Forensic Medicine

in Pristina. The EU-FET completed the preliminary

preparations at the site on December 9, 1998 (Fig. 2).

Next morning, the EU-FET was, however, obstructed

on the road to the site by Serbian authorities, and the

exhumation was cancelled [21].

In Srebrenica in 1996, however, the human remains

were situated on the surface of the ground. According

to the preliminary information available, the total

number of victims in the area was possibly as high

as 2000–3000. In a few hours on July 5, 1996, the

Finnish experts collected 64 samples of human skele-

tal remains, before the local police, under order of the

Government of the Republica Srspka, interrupted the

operation. The minimum number of individuals,

between 30 and 35, was then estimated morphologi-

cally. The location of the remains on the ground

complicated the collection, because it was more diffi-

cult to approximate the relationship between various

human remains and scattered items, and because the

effects of environmental conditions and animal activ-

ities on the entirety of the remains were more consid-

erable than in the case of buried bodies. Due to the

possibility of mines, movements in the area were

restricted, which further complicated the excavation

procedure.

7. Transportation

In BiH, the UN-FET recovered 64 samples of

human remains from the site of the Srebrenica inci-

dent and these remains were transported to the Tuzla

Clinical Centre. Transportation was aided by the UN

(International Civilian Police Task Forces, IPTF).

In Kosovo, however, the local authorities had


recovered the human skeletal remains from Volujak

and Klecka from their alleged gravesites and had

transported them to Pristina. The details of this trans-

portation were not known to the EU-FET. Moreover,

the examined victims from Racak were removed from

the sites where they were found and later transported

to Pristina by Yugoslavian authorities.

The specific requirements for transportation

include maintaining the human remains and the

items unharmed and preventing any contamination

or confusion [15,32,37,41–43]. Therefore, and for

ascertaining the chain of custody, each sample

should be packaged separately, in individual body

bags whenever possible [15,16,37,42,44], and each

package should be sealed and identified both inside

and outside [15,32,37,39,42–44]. Thereafter, the

packages as well as the entire collection should be

photographed before the transportation and rephoto-

graphed after their arrival at the place of investiga-

tion [43].

8. Autopsy equipment

In BiH, the autopsies took place in the autopsy

rooms of the Tuzla Clinical Centre, and in Kosovo,

at the Institute of Forensic Medicine, University of

Pristina. All autopsy equipment was brought from

Finland. This equipment included an accumulator

and a compressor, an electric and a pneumatic circular

saw, spare blades, autopsy tools and their sharpening

equipment, probes, measuring sticks, magnifying

glasses, tubes and bottles for the samples, cassettes

for the histological samples, forms to fill in the post-

mortem findings, clothing, masks, gloves, and boots

for the autopsy room, tools for the forensic odontolo-

gist’s investigations, and measuring equipment for the

physical anthropologist’s investigations.

9. Autopsy

Every human remain from Srebrenica was exam-


Fig. 2. Gravesite at Gornij Obrinje after preparation for exhumation by the EU-FET.

ined by two forensic pathologists, a physical anthro-

pologist, and a forensic odontologist [19,20]. The aim

of the investigation was to collect data for identifica-

tion of the victims and to determine the cause and

manner of death. The findings were documented in

an autopsy protocol, comprising an appendix of

photographic documents.

Each sample of the skeletal remains from Volujak

and Klecka was examined by two forensic pathologists

[22]. They described the preserved anatomic structure

of the samples, and documented the sex characteristics,

evidence of diseases and anomalies, and any injuries,

including post-mortem injuries to the bones. The

physical anthropologist confirmed bone- and side-

determinations, and estimated sex, age, and stature.

The forensic odontologist examined maxillae and

mandibles in the skeletal material in BiH and Kosovo.

The victims from the village of Racak were inves-

tigated in January 1999 [23], within 13 days after the

incident. In total, the number of victims investigated

was 40. For these, 24 autopsies were performed either

by the Yugoslavian or the Finnish forensic patholo-

gists and monitored analogously either by the Finnish

or the Yugoslavian forensic pathologists and by two

forensic pathologists from Belorussia. In the autopsy

procedure, standard methods of forensic pathology

were used. This included documentation of external

and internal injuries and determination of the total

number of gunshot wounds and the bullet-path direc-

tions (Fig. 3). Cause of death was established. Before

the arrival of the EU-FET, 16 victims had already

been autopsied. The three Finnish forensic patholo-

gists carried out an external examination of these

victims. External wounds were documented. On the

basis of the external examination and information

received from the Yugoslavian professor of forensic

pathology who had earlier performed the autopsy,

bullet-path directions were estimated and the cause

of death was established, when possible. Data for

identification was documented in all 40 cases. The

investigations of the Finnish forensic experts in the

former Yugoslavia are presented in Table 3.


Fig. 3. Application of probes in determination of bullet-path directions (Racak).

In medicolegal autopsies, external examination of

the body is of utmost importance, especially in all

cases when injuries are present [1,40]. The internal

examination should always involve all three body

cavities and all the organs [45]. In the case of gunshot

wounds, the use of probes is recommended during the

autopsy for the purpose of indicating bullet-path

direction [46]. Multiple microscopic sections should

be taken [1,47]. Samples for toxicological analysis

should also be taken, also from decomposed remains

[1,40,47]. Skeletal remains rarely provide conclusive

evidence regarding the cause of death [48], but the

decomposition or skeletonisation of the remains

does not nullify the need for a full examination

[43,45].

10. Documentation equipment

Concerning the technical details of documentation,

photograph documentation was performed by use of

six cameras: a Canon EOS 600 with a 24–85 mm

objective and a Canon 430 EZ flash; a Canon EOS

1000 with 35–80 mm and 100 mm objectives, and

with Canon Speedlite 420 EZ and Canon Macro

Ring flashes; a Canon A1 with a Canon FD 35–105

mm objective and a Canon Speedlite 420 EZ flash; an

Olympus automat; and two Canon EOS 50E, with EF

28–80 mm objectives and Canon Speedlite 540 EZ

flashes. The films were 400 ASA and 100 ASA Fuji-

color Superia with 24 and 36 exposures.

For the videotape documentation the DVCAM

format was used. The filming was done with one

Sony DSR-PD1P camera and Sony PDVM-40N 40-

min cassettes. Afterwards, during the final work in

Helsinki, the video material was edited for the official

documents. The editing equipment was the Sony

DSR-V10P DVCAM Walkman video recorder and

the Sony Edit Adaptor DSRM-E1P. The edited

video material required DVCAM-, VHS-, SVHS-,

and BETACAM-format cassettes.

In the medical X-ray examination, the Atomscope

803 machine and for film the Kodak TML1, TME1,

and ENB1 were used. The developing machine was

the Flat Level 365. The dental X-ray examination was

performed with the Philips Oralix 65S machine,

Kodak DF50 and DF58 film and the Periomat 1304

developing machine [21–24].

11. Documentation

The forensic pathologists documented their find-

ings during the examination by writing or dictating

an autopsy protocol and by using a drawing of each

skeleton to record the bones present as well as the

damage to the bones (Srebrenica, Volujak, and

Klecka) or the gunshot wounds (Racak). In the osteo-

logical investigation, the physical anthropologist also

formulated a protocol with a drawing. The forensic

odontologist filled in the Interpol Disaster Victim

Identification Form for dentitions [22].

Because the autopsy report is probably the most

important document in the investigation, it must

therefore be prepared with great accuracy and clarity

[1,40,45]. In BiH and in Kosovo, the Finnish forensic

experts formulated the autopsy protocols in Finnish.

Later, the documents were translated into English, the


Table 3

Investigations performed by the Finnish forensic expert teams in the former Yugoslavia

Srebrenica (1996) Volujak (1998) Klecka (1998) Racak (1999)

Number of forensic experts 25 20 20 16

Number of skeletal samples investigated 64a 27b 90 –

Number of victims 30–35c 5 3 40

a After the investigations performed in July 1996, the Finnish forensic experts aided in BiH investigations carried out by local experts. By the

termination of this operation, in September 1997, the total number of investigated human skeletal remains had risen approximately 400. Since

then, the investigation of the victims in the area has continued.b The remains comprised three almost fully assembled skeletons, 14 samples, each of one separate bone, and ten samples two to ten separate

bones of human skeletons.c Minimum number of victims, estimated morphologically from the 64 samples of human skeletal remains.

translator being responsible for the English version.

This solution may make the work more effective for

the experts, but it can, at the same time, prove inade-

quate for the needs of the international community.

Concerning the documentation of the human skele-

tal remains from Srebrenica, Volujak, and Klecka, the

skeletons and individual bones were photographed

and videofilmed separately from different directions.

Gunshot injuries were photographed and videofilmed,

showing the direction of each bullet. The total number

of photographs in the Volujak and Klecka investiga-

tion was about 1600. The videotape documents

contained approximately 5 h of filmed material.

The photograph and videofilm documentation of

the victims from Racak comprised pictures with

general views of the bodies, separate close-up views

of each skin wound and all internal injuries, probe-

assisted views indicating bullet paths (Fig. 3), and the

entirety of injuries from different directions. The

close-up views of the skin wounds and the photo-

graphs of the bullets were taken with a scale included.

The clothing of those 24 victims autopsied in the

presence of the EU-FET were photographed. More-

over, all bullets and bullet fragments found in the

autopsies were photographed. In total, the photograph

documents numbered approximately 3000, and videos

about 10 h in length [23].

During the investigation of the remains from Sreb-

renica, an X-ray examination was carried out for each

single bone or collection of bones. The examination of

the Volujak material included X-rays of every indivi-

dual bone and selectively of the bones of the three

complete skeletons. In total, 70 medical and four

dental X-rays were taken. The Klecka material was

X-rayed completely, except for one sample with 108

small burned bone fragments. The medical X-rays

numbered 95, and the dental six. During the investi-

gation of the victims from Racak, 157 medical X-rays

were taken. Dental X-rays were taken in 37 cases out

of 40; and each of these included eight pictures.

In medicolegal investigation of mass disasters or

mass graves, photography and videotaping serve

both identification and documentation purposes. For

identification, ante-mortem photographs can also be

of value [16,49,50]. Firstly, at each site to be exam-

ined, the entire investigated area should be photo-

graphed and videofilmed, including aerial views

whenever possible [1,30–32,39,41]. Thereafter, the

recovery of the victims should be carefully photo-

graphed and videofilmed. Secondly, the autopsy

photographs should include front and side views of

the face and general views from all sides of the

body, clothed and unclothed, and close-up views of

the injuries and other findings with a scale to provide a

size reference [1,32,40,42,45,47,50,51]. In every

photograph, there must be visible the autopsy number,

and in close-up pictures also a scale indicating the

particular wound or other finding [1,15,52].

12. Sequel

The human skeletal remains from Srebrenica,

Volujak, and Klecka, as well as the human bodies

from Racak, were delivered to the local authorities

after the investigation. Confirmation of the identity

of the victims, delivery of the victims to their rela-

tives, and other official actions remained the respon-

sibility of the local authorities. The remains from

Srebrenica, however, are, at this writing, still unburied

in Tuzla. The victims from Racak were buried shortly

after the investigation.

After the work in Kosovo, the final investigation

documents were executed in Finland. These included

autopsy protocols and reports of the physical anthro-

pologist and the forensic odontologist, in addition to

the photographs, video material, and the results of the

complementary examinations. Statements, including

all the conclusions based on the investigation of the

Finnish EU-FET, were signed jointly by the four

(Volujak and Klecka) and three (Racak) forensic

pathologists.

The original reports of the investigations as well as

other original documentation material were stored at

the Department of Forensic Medicine, University of

Helsinki. The official copies of the documents were

delivered to the local authorities in BiH (Srebrenica)

and FRY (Volujak, Klecka, and Racak), as well as to

the UN (Srebrenica) and the EU (Volujak, Klecka, and

Racak). Afterwards, the EU made a decision to place

these documents also at the disposal of the ICTY.

13. Discussion

Forensic expert team operations can have various

functions. Because in any organised society, it is intol-


erable that bodies of human beings lie uncovered on

the ground as in the vicinity of Srebrenica, these

human remains must receive care, for humanitarian

and legal reasons. In many cases, identification and

determination of the cause and manner of death by

independent forensic experts can produce valuable

information for the purposes of international courts

of law and for the international community. Official

confirmation of the victims’ identity according to

local legislation as well as the delivery of the victims

to their relatives should, however, be the responsibil-

ity of local authorities. These matters have to be prop-

erly arranged.

In the territory of the former Yugoslavia, several

investigations of victims of political and ethnic

violence were already performed before the Finnish

forensic experts’ operation in BiH in 1996. Neverthe-

less, the support of the Finnish experts encouraged the

local authorities to continue these investigations and,

to date, approximately 600 victims have been exam-

ined in the area. Since June 1999, victims of political

and ethnic violence have been investigated in Kosovo

by a multinational organisation. The team of Finnish

forensic experts was, however, the first international

forensic team, to work in Kosovo. The Finnish experts

were able to operate in the territory of the former Yugo-

slavia when the ICTY had no access to the country.

A permanent national DVI team was appointed in

Finland in 1991. This team, in co-operation with the

Finnish NBI and the Technical Research Centres and

with the Department of Forensic Medicine, University

of Helsinki, and the forensic experts of the Provincial

State Offices, thereafter completed investigations of

victims of two aircraft accidents, of a passenger

ferry disaster, and of 50-year-old military remains.

This experience has benefited the work of the forensic

expert team for investigations in the territory of the

former Yugoslavia.

Investigation of victims of an alleged mass violence

or victims from an alleged mass grave differs, however,

from investigation of victims of a mass disaster. The

cause and manner of death, and the condition and the

number of the victims differ. Even the identification

methods may differ, because of the differing availabil-

ity of ante-mortem data. The mandate for and the possi-

bilities of the experts, and expectations as to the results

in investigation of a mass disaster and of mass violence

can have great differences as well.

It is, therefore, crucial for successful realisation of

the operation and for avoidance of unrealistic expec-

tations that the exact definition of the mandate and the

tasks of the forensic expert team are clearly agreed

upon before the operation. Furthermore, already at

that early stage, it should be determined how much

detailed examination of the victims is required. It

should be ensured, for instance by sufficient advance

preparation, that the team has material and technical

independence during the operation. Moreover, the

safety of the team members is a matter which cannot

be overemphasised. To some extent, publicity may

work towards safety, but official action is essential.

Moreover, the official reporting of the results, and use

of and access to the materials for scientific purposes

should be decided in advance. Furthermore, the chain

of custody should be considered when deciding the

permanent storage of the autopsy protocols, photo-

graphs, samples, and other documents after the

conclusion of the team’s work.

Application of adequate and internationally recog-

nised methods for examination and documentation

forms the absolute basis for the team’s credibility.

Additionally, for credibility, the objectivity of the

experts is essential. Therefore, any conclusions or

statements, despite their intentions, that go beyond

forensic scientific knowledge may diminish the cred-

ibility of the team and of its results.

Acknowledgements

The authors wish to thank for good co-operation all

members of the UN-FET and the EU-FET. For good

co-operation we also wish to thank the IPTF, the

Finnish national DVI team, the Ministry of Foreign

Affairs of Finland, and the laboratories of Histology,

Forensic Biology, and Toxicology at the Department

of Forensic Medicine, University of Helsinki. In addi-

tion, we thank autopsy technician Kari Suomela for

production of the figures.

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Practical and legal aspects of forensic autopsy expert team operations

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