Principle 3: Effective Investigation
and alleged violations,406 with the aim of preserving the integrity of evidence
and mitigating security risks in keeping such information.407 Ultimately, “the
goal is to establish a clear and unbroken chain of records that allows the
court [or other adjudicative body] to reconstruct who has had control of what
information at every point in time.”408
Proper chain of custody is a crucial component of investigation and dispute
resolution, more generally, as adjudication decisions may be affected by the
quality of the physical evidence supporting a complaint. Investigative bodies have the burden of proving that the collection, use, and preservation of
evidence comports with international and national best practices for investigation. Thus, investigative bodies must ensure that evidence meets internal
standards and conforms to admissibility requirements.409
Continuity of Possession
In addition to regularly cross-checking each item of evidence against the
corresponding records, an investigative body must also maintain a thorough
inventory of physical evidence to ensure that all items are properly secured
and preserved for subsequent adjudication.410 The inventory process begins
with logging evidence as it enters the investigative body and ends when the
complaint is resolved with a record of the disposition. Inventory lists should
indicate an evidence item’s specific location within a designated control area.
To protect information during the inventory process, investigators should
maintain duplicates of documents, seal boxes holding original documents,
and limit access to inventory logs and evidence.411
When moving evidence from the property room to any external location,
investigators must monitor the transfer and treatment of the evidence to
ensure that it is returned in a timely manner.412 If possible, the investigative
body should require the individual who is authorized to transfer evidence,
406
U.N. Office on Drugs & Crime, Crime Scene and Physical Awareness for Non-Forensic Personnel 4 (2009).
407 Christian A. Nielsen & Jann K. Kleffner, A Handbook on Assisting International Criminal Investigations 56 (Maria Nystedt
ed., 2013).
408
Id.
409 Cf. Canadian Investigators’ Manual Ch. 9, supra note 401, at 1–8; see also Evidence Act, R.S.C. 1985, c. C-5, §§ 24–31 (as
amended 2013) (Can.) (information on admissibility of various documents for evidentiary purposes).
410
Cf. Latta & Giles, supra note 399, at 74.
411
Canadian Investigators’ Manual Ch. 9 , supra note 401, at 3.
412
Latta & Giles, supra note 399, at 21; Canadian Investigators’ Manual Ch. 9, supra note 401, at 5.
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