A.
CONTEXT
The
issue of missing persons from the recent armed conflict continues to cause
suffering for the individual relatives of the missing, as well as creating
impediments to societal progress. With this premise in mind, the International
Commission on Missing Persons (“ICMP”) and the Ministry
of the Family, Veterans' Affairs and Intergenerational Solidarity of the Government of the Republic
of Croatia (“the Ministry”) will embark upon the implementation
of a Joint Project to enable the resolution of increased numbers of missing
persons’ cases stemming from the recent conflicts.
The Joint Project between the
Ministry and ICMP concerns
efforts to identify the mortal remains of persons unaccounted for as a result of
the armed conflicts in countries created on the territory of the former
This
Joint Project is based upon the existing Agreement signed between the ICMP and
the Government of the
The objective of the project is to
jointly resolve outstanding cases of missing persons through the use of a
DNA-led system of identifications. The project entails the appropriate exchange
of STR profiles between the Ministry and ICMP (“the Parties”) relevant to
missing persons’ cases in an effort to produce DNA reports that will lead to
identifications. The exchange of data will allow for joint utilisation of ICMP
DNA matching software, to which the ICMP agrees to provide access to the
Ministry, as well as any required training for its use. The Joint Project also
includes the collection of blood samples for DNA testing as described in Project
One infra.
C.
SCOPE
The
Joint Project covers the identification of all unidentified mortal remains which
are a consequence of the armed conflict.[1]
The
Joint Project consists of two subprojects:
o
Collection
of blood samples in the
o
Exchange
of relevant data needed to resolve cases of missing
persons.
D. Subproject
One: Collection of Blood
Samples
1.
Blood collection will be conducted
by joint teams composed of staff members of the Parties, and in accordance with
ICMP Standard Operating Procedures (SOPs).
2.
The joint teams shall be composed
of two ICMP staff members and one staff member designated by the Ministry.
3.
Operational implementation shall
commence no later than 15 days after the Joint Project has been signed. Blood
collection should be fully realised by 31 December 2004.
4.
Activities relevant to this
Project will be directly coordinated between the Parties.
5.
Blood samples will be processed in
the labs of the Parties.
6.
Profiles will be included in the
databases referred to in Project Two infra.
7.
ICMP personnel will be allowed
unobstructed transport (in official vehicles and/or in marked, official
containers) biological samples to ICMP facilities.
8.
The Parties shall jointly fund the
shared aspects of the work to be completed under the joint project. Each Party
shall be responsible for funding their own staff including salary costs,
insurance, social security benefits, per diem and other benefits. ICMP shall
provide transportation for blood collection teams including Ministry designated
staff. However, ICMP itself and/or its staff shall not be liable to compensate
material demands to the Ministry designated staff in the event of an accident.
ICMP shall provide standard blood collection equipment and other material used
in the collection of samples.
E. Project
Two: Exchange of Data
1.
Exchange
of data regarding biological samples from the mortal remains of the
missing:
1.1.
The Ministry agrees to DNA-profile
biological samples taken from mortal remains of missing persons exhumed or
otherwise recovered on the territory of the
1.2.
The
Ministry agrees to provide ICMP with its database containing the DNA
profiles of blood samples obtained from surviving relatives of persons that are
still listed in the
1.3.
ICMP
grants the Ministry access to its data containing the DNA profiles of family
members who have missing persons from the territory of the
1.4.
The
Parties agree that DNA profiles of family members in the databases do not
include personal information on the missing or on family members concerned.
However, personal information including names of missing persons and their
family members are released by the Party who originally collected the data to
the other Party only following positive comparison of DNA profiles that results
in a ‘match’ of genetic information.
1.5.
The Parties warrant that
information in the databases will not be used for purposes other than
identifying the remains of the missing persons unless Parties and the family
members concerned agree in writing to such other use.
1.6.
Regarding procedures for exchange
of bar coded reference of blood samples of the family members of the missing,
the Parties agree that the data be prepared as detailed in Annex One of this
document and will adopt the form shown in Annex One, figure one.
2.
Software
access
2.1.
ICMP
grants the Ministry user-access to the ICMP Matching Software module of the ICMP
Forensic Database Management System (fDMS). The fDMS will enable the Ministry to
search these databases and to compare DNA profiles of the missing with the coded
DNA profiles of family members.
2.2.
ICMP
will host a workshop on the use of the ICMP Matching Software module (see infra Annex
One).
2.3.
For
purposes of this Project, user-access is defined as the right and ability to
use, but not to duplicate, share, alter or amend, software programs and/or their
contents.
3.
Comparing
biological reference samples shared under the Joint
Project
3.1.
The
Parties agree to issue reports on any positive corresponding genotypes that it
obtains from comparing DNA profiles of the missing and of family
members. Each report
shall consist of genetic, chromatographic or statistical information, analysis
and opinion of an expert (STR profile of the bone sample, bio-statistical
analysis) as well as additional analysis as necessary.
3.2.
Further,
the Parties agree to exchange preliminary DNA results with each other one month
after the exchange of data under section E.1 supra. In the context of this project,
preliminary DNA results are defined as DNA matching reports which have not yet
been reviewed.
3.3.
In turn, the Parties agree to
submit the reports for review and consultation to each other. The Parties may
request additional genetic, chromatographic or statistical information, as well
as information relevant to the process of DNA analysis as specified in Annex One
of this document, if such information is required to complete a review. Such
additional information may include collection of additional blood
samples.
3.4.
Having completed its review under
subsection 3.2 above, the Parties will provide each other with the
names of missing persons and family members for each report, as well as with
such additional personal data as the Party may possess for the individuals
concerned. Such information shall
be provided within 30 days, with the exception where the Party is unable to
obtain relevant waivers defined in
3.5.
The
Parties will provide the information under 3.1 and 3.2 above as part of a report
as illustrated in
Annex Three to this agreement.
3.6.
The Parties, in accordance with
the Law on Personal Data Protection and the ICMP data protection policy, in the
case of a confirmed match will seek to obtain a waiver from the family members
that provided the biological sample in order to deliver personal data to the
other Party to finalize the DNA match.
3.7.
The Parties shall issue to each
other monthly notifications of DNA matches, exclusions, re-associations, and
closed cases as appropriate.
F. Final
provisions
Colonel Ivan Grujic
Adam Boys
Assistant Minister
Principal Director
Annex One
Workshop, study visit and
technical support
1.
Workshop and study
visit
1.1.
In the fall of 2004, ICMP will
host a workshop in
2.
Technical
support
2.1.
Exchange of bar-coded reference
sample data will occur between the staff of the Parties.
2.2.
Technical support to the Joint
Project from ICMP will incorporate the following procedures for the exchange of
reference samples.
2.3.
The data shall be prepared as
follows:
2.3.1.
In the format as shown in Figure
1,
2.3.2.
Bar-coded, as defined in Annex
Two
2.3.3.
In Microsoft Excel
format,
2.3.4.
Grouped by missing
person
2.3.5.
On CD-ROM
2.4.
Upon exchange of data prepared as
described above the ICMP will place orders for reagents as
follows:
2.4.1.
0 profiles
0 PP16(400 reactions) kits 0 U Taq
GOLD
Polymerase
2.4.2.
1-400 profiles 1
PP16 (400 reactions) kit 2000 U Taq GOLD
Polymerase
2.4.3.
401-800 profiles 2 PP16 (400 reactions)
kits 4000 U Taq GOLD
Polymerase
2.4.4.
801-1200 profiles 3 PP16 (400 reactions) kits 6000 U Taq GOLD
Polymerase
2.4.5.
1201-1600 profiles
4 PP16 (400 reactions) kits 8000 U Taq GOLD
Polymerase
2.5.
The orders will be placed within
30 days of the data exchange and the goods will be shipped directly to any
location within the
2.6.
Upon exchange of data, the ICMP
will donate four copies of their matching software, as agreed at the meeting in
2.7.
It is expected that steps 2.1 to
2.5 would be repeated at any future date when the Ministry would like to
exchange blood reference data.
2.8.
Donation of chemicals will involve
a consideration for the cumulative number of samples exchanged with the ICMP.
This cumulative sample submission means that 2 submissions of 200 reference
samples would only result in a donation of one PP16 kit and 2000 Units of Taq GOLD
Polymerase.
|
Figure 1. Data Format for Exchange of Family
Reference Information | ||||||||||
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|
Status |
IDICMP |
Barcode |
D3S1358 |
|
TH01 |
|
D21S11 |
… |
|
|
|
Missing
Person |
5000 |
|
|
|
|
|
|
|
|
|
|
Wife: |
5000 |
6000001 |
17 |
17 |
6 |
10 |
30 |
… |
|
|
|
Daughter: |
5000 |
6000002 |
17 |
18 |
6 |
7 |
29 |
… |
|
|
|
Son: |
5000 |
6000003 |
17 |
18 |
7 |
10 |
30 |
… |
|
|
|
Mother: |
5000 |
6000004 |
16 |
17 |
6 |
9 |
27 |
… |
|
|
All DNA Reports undergo
biostatistical calculations (DNA view software). The ICMP’s release policy for
DNA Reports is based upon the Posterior Odds and, if the Posterior Odds for a
given case falls below a reporting threshold, additional DNA testing may be
required before a report is released.
|
Posterior
Odds |
Result |
|
0.9995 or
greater |
Report
released to designated party |
|
0.99 –
0.99949 |
Designated
party contacted and informed.
Report may be released based upon the presence of additional
evidence, or additional DNA testing
performed. |
|
Less than
0.99 |
Sample
submitted for additional DNA testing. Designated party contacted and
informed. |
Annex
Three
[Sample DNA report of each of the
Parties]
Annex
Four
This
document is signed in six originals, three in English language and three in
Croatian language. All six copies are equally authentic.
[1] According to the Ministry records,
such remains may include, but are not limited to:
·
The
approximately 700 unidentified mortal remains exhumed on the territory of the
·
The
approximately 300 persons
presumed missing from the conflict in
·
Mortal
remains of persons searched for by the Ministry and missing on the territory