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WG DNA: the value of forensic evidence and the limit of its use





The Working Group created by Fundación Fide and Fundación Garrigues met in January and June 2018, in two working sessions, in which the following issues, among others, were analysed:
  • DNA and forensic sciences
  • STR Profiles and DNA Databases
  • Likelihood Ratio
  • Background DNA and primary and secondary DNA transfers
  • DNA contamination
  • Implementation of new massively parallel sequencing techniques and new DNA markers
  • Forensic science research
 
The main objective with which this Working Group has been convened, from civil society, is to elaborate a series of recommendations for the correct use of DNA analysis for forensic purposes, stating the value of forensic evidence and the limit of its use. The eight recommendations offered in this document are the result of the work carried out. The conclusions contained in the document were drawn from the contributions and interventions of all the participants in the Group. Although, logically, they do not represent the unanimous opinion of all the members of the group, notably on the root causes of some of the current problems and their solutions, they do reflect the issues on which the debate and collective reflection focused.
 
 

Proposals


Members

The area of Science and Law is directed by: Antonio Garrigues Walker, Garrigues Foundation President, Cristina Jiménez Savurido, Fide´s President and Pedro García Barreno, PhD in Medicine and Professor Emeritus of the Complutense University.

This working group has been led by: Ángel Carracedo, Professor of Legal Medicine, Institute of Forensic Sciences, University of Santiago de Compostela; Antonio Alonso Alonso, Faculty member of the National Institute of Toxicology and Forensic Sciences and Member and Secretary of the National Commission for the forensic use of DNA and Lourdes Prieto, Collaborating Researcher, Institute of Forensic Sciences, University of Santiago de Compostela.

The members of this working group who have participated in this work of reflection and collective debate are: José Andradas Herranz, Facultative Officer of the National Police Force, DNA Database Administrator; Jesús Agudo Ordoñez, Director of the National Institute of Toxicology and Forensic Sciences, Department of Madrid; Amaya Arnaiz Serrano, Senior Lecturer, Universidad Carlos III de Madrid. Researcher at the Alonso Martínez Institute of Justice and Litigation; Gemma Barroso Villareal, National Police Commissioner, Head of the Central Unit for Scientific Analysis of the Scientific Police Station; María Jesús Buitrago de Benito, Forensic Specialist, Advisor to the General Bureau of Relations with the Administration of Justice; Rosario Cospedal García, Managing Director, GENOMICA S.A.U., Pharma Mar Group; Jesús de la Morena Olías, Managing Director, Garrigues Foundation; Antonio del Moral García, Magistrate, Supreme Court; Juan Manuel Fernández Martinez, Vocal of the General Council of the Judiciary; José Miguel García Sagredo, Full Academic Member, Royal National Academy of Medicine. Honorary Professor, University of Alcalá de Henares; Amaya Gorostiza Langa, Manager, Genetic Identification Laboratory GENOMICA S.A.U., Pharma Mar Group; Eusebio López Reyes, National Police Inspector, responsible for the DNA Database of the General Scientific Police Station; José Juan Lucena Molina, Civil Guard Colonel. Director, Civil Guard Specialisation School; Víctor Moreno Catena, Director of IAMJL. Professor of Procedural Law, Universidad Carlos III de Madrid. Lawyer. President, UEAP; Mª Dolores Moreno Raymundo, Forensic Doctor advisor to the Ministry of Justice; Jaime Moreno Verdejo, Public Prosecutor, Supreme Court; Luis Rodríguez Ramos, Professor of Criminal Law and Lawyer and Ágata María Sanz Hermida, Professor of Procedural Law, University of Castilla la Mancha.

Academic Coordination of the Working Group: Victoria Dal Lago Demmi, Academic Coordination, Fundación para la Investigación sobre el Derecho y la Empresa. FIDE

All the people who have participated in this working group of Fide, have done so in a personal capacity and not on behalf of institutions, professional offices, universities, or companies where they carry out their professional work, so these conclusions do not reflect institutional positions but particular positions of each of the members of the group.