Offender DNA Databases Global Update Presented by Tim Schellberg Gordon Thomas Honeywell Governmental Affairs HID Users Meeting Brasilia, Brazil September 5, 2012
ARE THE ANSWER CRIMINAL OFFENDER DNA DATABASES SOLVE CRIME REDUCE CRIME EXONERATE THE INNOCENT SAVE MONEY
44 COUNTRIES, OVER 40 MILLION OFFENDER SAMPLES THE WORLD ADOPTS DATABASING 44 COUNTRIES, OVER 40 MILLION OFFENDER SAMPLES Australia Finland Netherlands South Korea Austria France New Zealand Spain Barbados Germany Macedonia Sweden Belarus Hong Kong Norway Switzerland Belgium Hungary Panama Taiwan Canada Iceland Poland United Arab Emirates Chile Israel Portugal United Kingdom China Japan Qatar United States Croatia Jordan Russia Cyprus Kuwait Slovenia Denmark Latvia Lithuania Slovakia Estonia Singapore These countries have implemented legislation/polices on a national basis to database the DNA of a defined category of criminal offender
Countries with Nationwide Criminal DNA Database Programs – Approx Countries with Nationwide Criminal DNA Database Programs – Approx. Sizes Databases over 1 Million Databases 50K or less China - 12,000,000 (GTH) Russia - 50,000 (est.) United States - 10,423,000 (GTH) Jordan - 40,000 (GTH) United Kingdom - 4,859,903 (GTH2010) Singapore - 40,000 (est.) France - 1,214,511 (GTH2010) Belarus - 35,000 (GTH) Chile - 35,000 (est.) Databases over 100K Latvia - 32,402 (GTH) Germany - 746,912 (GTH) South Korea - 32,295 (GTH) Canada - 223,735 (GTH) Hong Kong - 30,000 (GTH est.) Australia - 200,000 (GTH est.) Croatia - 29,500 (GTH) Israel - 170,000 (GTH) Estonia - 29,274 (GTH2010) Austria - 129,901 (GTH) Poland - 28,071 (GTH) New Zealand - 124,000 (GTH) Norway - 23,809 ( GTH2010) Netherlands - 121,272 (GTH) United Arab Emirates -23,000 (GTH) Switzerland - 114,364 (GTH2010) Kuwait - 20,000 (GTH) Spain - 112,106 (GTH) Belgium - 18,012 (GTH) Finland - 112,036 (GTH) Panama - 15,000 (GTH est.) Slovakia - 8,216 (GTH2010) Databases over 50K Portugal - 6,000 (GTH est.) Sweden - 99,443 (GTH) Japan - 80,000 (GTH) Romania - 5,820 (GTH) Iceland - 5,000 (GTH est.) Denmark - 77,500 (GTH) Slovenia - 3,750 (GTH) Hungary - 75,809 (2010) Cyprus - 3,000 (GTH est.) Taiwan - 60,000 (GTH) Macedonia - 2,449 (GTH) Barbados - 2,000 (GTH est.) ***In countries that do not have national database programs, we estimate 1-3 million additional samples exist from suspects and volunteers but not placed into national database.
THE WORLD IS POSITIONING FOR EXPLOSIVE GROWTH OF OFFENDER DATABASE PROGRAMS WHO WILL BE NEXT? India Algeria Indonesia Morocco Brazil (Leg Passed) Sri Lanka Pakistan Czech Republic Nigeria Ireland Mexico Uruguay (Leg Pased) Vietnam Turkey Thailand Italy (Leg passed) South Africa Ukraine Colombia Kenya Argentina Peru Saudi Arabia Malaysia (Leg Passed)
CODIS IS QUICKLY BECOMING THE INTERNATIONAL DNA DATABASE SOFTWARE STANDARD 6 6 6 39 countries use CODIS 29 of 44 nationwide programs use CODIS Country # Labs Australia (2) *Argentina (1) Barbados (1) Belgium (1) *Bosnia (1) *Botswana (1) Brazil (16) Canada (8) *Cayman Islands (1) Chile (1) *Colombia (3) Croatia (1) *Czech Republic (1) Country # Labs Denmark (2) Estonia (1) Finland (1) France (2) *Georgia (1) *Greece (1) Hong Kong (2) Hungary (1) Iceland (1) Israel (1) *Italy (2) *Malta (1) *Mexico (1) Country # Labs Republic of Korea (1) Latvia (1) Lithuania (1) Netherlands (1) Norway (1) Poland (1) Portugal (1) *Romania (1) Singapore (1) Slovakia (1) Spain (7) Sweden (1) Switzerland (1) Countries with CODIS 7.0 * Using CODIS without nationwide offender DNA database program
NEW NATIONWIDE IMPLEMENTATIONS LAST 12 MONTHS Panama Law requires DNA from violent/sex offenders, gun owners and police force Testing underway on criminal offenders Russia Law requires testing from violent/sex offenders Testing has begun on prison population Kuwait Currently collecting from some offenders. Collects from individuals who cannot prove Kuwait citizenship No specific legislation Lithuania All arrestees All sample destruction
IMPLEMENTATION OF NATIONWIDE POLICY IN PROGRESS Brazil ◊ Saudi Arabia ◊ Oman ◊ Thailand ◊ Argentina ◊ Italy ◊ Greece ◊ Kenya ◊ Ukraine ◊ Malaysia ◊ Brunei ◊ Costa Rica ◊ Uruguay ◊ Trinidad & Tobago
IMPLEMENTATION OF NATIONWIDE POLICY IN PROGRESS Saudi Arabia Most samples not from criminal offenders, but from immigration and religious visitors Thailand Prisoner project positioned to begin in late 2012 Malaysia Royal Malaysian Police and Department of Chemistry combined to create one of the world’s most comprehensive database policy.
LEGAL DECISIONS GLOBAL IMPACT United States United Kingdom Maryland v. King Declared Unconstitutional by state supreme court. STATUS: Under appeal to US Supreme Court. Chief Justice Roberts has granted a temporary stay. United Kingdom S and Marper v. United Kingdom
HUMAN TRAFFICKING CHINA’S FIGHT AGAINST Since April 2009 – nearly 39,000 human trafficking cases have been solved. “The national DNA database is key component of success in China: Samples from parents compared with: Street children/criminals DNA Samples 1,400 children returned to their parents through DNA matches A database has reduced child trafficking in China.” – Chen Shiqu, Director of the anti-human trafficking office of the Ministry of Public Security.
POTENTIAL LEGISLATIVE POLICY Require DNA from children: Homeless Criminal acts Prostitution Child labor Adoption Proactive collection strategies Taskforce Inspection and sampling from at-risk institutions Orphanages Prostitution houses Factories
POTENTIAL LEGISLATIVE POLICY Encourage DNA collection from Parents Aggressive educational campaign Considers other relatives if no parents Sampling of parents is becoming protocol once child reported missing
SOUTH AMERICA UPDATE FROM Chile Argentina Unique government structure will require state by state approach. Cordoba and Buenos Aires to take the lead. Uruguay Law passed in 2011 May be taken upon consent from anyone held by law enforcement May also be taken from crime scenes, from individuals requested by court order, and from officials of the Ministry of Interior, and Ministry of Defense
SOUTH AMERICA UPDATE FROM Peru Legislation being developed Positioning to pass comprehensive database categories in South America Sent students to Center of Forensic Excellence Venezuela DNA testing infrastructure project underway Paraguay DNA testing capabilities being developed in partnership with US Government’s ICITAP program Colombia Significant testing continues, but still no offender databasing legislation
Currently has 30,000 offender samples and 57,000 casework samples CHILE IS SOUTH AMERICA’S ONLY NATIONWIDE PROGRAM Currently has 30,000 offender samples and 57,000 casework samples The Santiago Times In 2009, Chile becomes first Latin American country to establish nationwide offender DNA database Chile’s DNA Lab Director gives Chile President Sebastian Piñera a tour of the new DNA lab.
IN BRAZIL LEGISLATIVE SUCCESS Six years of legislative rejection turns when the impact of a serial murder case comes to light, and the Federal Police and a Senator gets aggressive
DNA VICTIM SUPPORT THE MARCO TRIGUEIRO CASE 2006: Brazilian Congress rejects legislation to allow DNA to be taken from every convicted offender. Released from prison in 2008 for a violent crime conviction - no DNA taken as legislation failed. Rapes and murders five women in Belo Horizonte during 2009, leaving DNA at all crime scenes Four of the five murders could have been prevented if the Brazilian Congress would have passed legislation
Congress needed to act to save these (4) innocent women. DNA VICTIM SUPPORT IS SPREADING INTERNATIONALLY Adna Feitor Porto DIED, January 16, 2009 Congress needed to act to save these (4) innocent women. Ana Carolina Assuncao DIED, April 16, 2009 Maria Helena Lopes Aguilar DIED, September 16, 2009 Natalia Cristina De Almeida Paiva DIED, October 7, 2009 Edna Cordeiro De Oliveira Freitas DIED, November 11, 2009
LEGISLATIVE CHAMPIONS Families of BH victims Brazil Federal Police Sen. Ciro Nogueira
BRAZIL MOVES LEGISLATION FORWARD Senator Ciro Nogueira passes DNA law from Senate President Rousseff signs DNA database law on May 28, 2012
ON THE MOVE SOUTH AMERICA Avoid the European compatibility problem and the need for the complex Prüm system Think Global searching during implementation Go higher loci Go CODIS Plan together as a region