Tuesday, July 26, 2016

Police Directorate open to considering DNA rules by Monika affair – NRK

Today, more than 85,000 Norwegians registered in one of NCIS ‘three DNA registers. Yet there was a deviation from the regulations on the storage of DNA material that led to Donatas Lukosevicius (34) Monday was sentenced to 18 years in custody for the murder of 8-year-old Monika Sviglinskaja.

Law professor Asbjørn Strandbakken University Bergen call Monika case a perfect example of that current regulations are dangerous for the rule of law.

He is one of several responders, and to fall to the Police Directorate to consider whether there are grounds to propose amendments to current regulations for deleting DNA material.



DANGEROUS : Dean Asbjørn Strandbakken at the Faculty of law at the University of Bergen believes current regulations stating that DNA samples should be discarded after a certain time, is dangerous.

Photo: Jens Helleland Ådnanes / UiB

Want DNA sample

clarification in Monika case was due to a local investigator took care of DNA evidence when the case was dismissed as a possible suicide in 2011.

when the investigation was resumed in 2014, gave ten of 14 DNA samples at Monika’s body hits the Lukosevicius.

– I suggested a review of the rules for storage of DNA evidence already in 2013. We need reconsideration because it has been a tremendous technological development in the field, and DNA are among the most powerful and potent evidence we have says Bjorn Erik Thon, director of the Inspectorate said.

Thon emphasizes that a review should involve a debate on regulations and limitations should be set for storing DNA. Also Police Directorate is open to a review of the rules.

– DNA analysis is in many cases an important part of police investigations. At the same time that the police need to be seen against the policy, legislation, rule of law and politics. It is therefore necessary with many clarifications, writes Assistant Police Director Vidar Refvik in an e-mail said.



WANT rEVIEW: Director of Inspectorate Bjorn Erik Thon suggested a review of the rules already in 2013. – We need reconsideration because it has been a tremendous technological development in this area.

Photo: Åsa Mikkelsen / Inspectorate

doubted current system

Each year, Public Health (FHI) around 35,000 samples from 8,000 different cases, which in turn is used to assemble DNA profiles for police and prosecutors.

Bente Mevåg , Director and employee of NIPH department of biological evidence, points out that legislation that embraces storage of DNA evidence primarily affects the police, but that DNA material in theory can be stored for a very long time if it is treated properly.

– the evidence as a basis for making new analyzes, so the DNA material to be so old any time if it is stored and handled correctly. Best practices for handling and storage of DNA material is very important, says Mevåg NTB and underlines that the current system is not good enough.



NOT GOOD enough: Bente Mevåg, Director and employee of NIPH department of biological evidence says that DNA material in theory can be stored for a very long time if it is treated properly. Mevåg believes the current system is not good enough.

Photo: CHRISTIAN Lura / NRK

– Regrettable regulations

When a police matter ends, the objects that were collected during the investigation disclosed and trace evidence destroyed. Monika case was basically a “clarified” case, when it was dismissed as no criminal five years ago. Track material should therefore have been destroyed.

Law Professor Asbjørn Sandbakken at the University of Bergen believes that legislation makes important DNA evidence in criminal cases are destroyed and that Monika case is a perfect example of how wrong things could have gone if it had happened.

– We can praise ourselves lucky that these particular samples were available, he says to NRK Tuesday.

the rules for storage of DNA material was last modified during DNA reform is from 2008, and expanded by the attorney General in 2013.

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