A critical review of medicolegal research and information asymmetries in investigating cases of extrajudicial executions and forced disappearances.

Abstract

Medicolegal systems investigate the cause and manner of death, particularly differentiating between unintentional and intentional deaths. The examination of remains from unlawfully killed individuals is critical in exposing human rights violations. However, forensic medical investigations of these human remains can face multiple challenges, especially in contexts marked by limited resources, political influence, and sub-optimal investigative procedures. When killings are state-sanctioned or facilitated by well-resourced non-state actors, the clandestine disposal of remains can create a culture of impunity, leaving affected families and communities without recourse or resolution. This study aggregates articles in English and Spanish, examining the current state of how forensic medical research on extrajudicial executions and forced disappearances informs practice. It highlights critical gaps in the empirical literature, particularly in the reporting of the scientific findings that impact the investigation of victims of these unlawful killings. These cases' inherently non-linear and unpredictable nature, often influenced by chaotic and unstable conditions, can create disproportionate challenges for forensics practitioners. To address these gaps, this review suggests leveraging epidemiological frameworks to track data trends in these unlawful killings, supporting public health initiatives in prevention and policy. It emphasises the need for comprehensive documentation, robust databases, and adaptive forensic methodologies to navigate uncertainties and systemic limitations inherent in this complex and unpredictable domain of medicolegal death investigation.