DNA Samples and Profiles in Criminal Justice System the Case of S. and Marper V. UK

R. Barış ERMAN

The case of S. and Marper v. UK, and the Judgment of the Grand Chamber of the ECtHR, dated 8 December 2008, application nr. 30562/04 and 30566/04 has been analysed and problems concerning the taking and retaining of DNA samples, fingerprints and profiles in the Turkish criminal justice system have been assessed.

DNA Samples, Fingerprints, Personal Data, Right to Respect for Private Life

The case concerns Mr. S and Mr. Marper, citizens of the United Kingdom, who were charged with different offences in 2001. Their fingerprints and DNA samples were taken as they were arrested. However, they were not convicted as a result of the proceedings: Mr. S, who was 11 years old at the time of the arrest, was acquitted, whereas charges against Mr. Marper were dropped, because the plaintiff had taken back the complaint due to reconciliation.

The reason for their complaint before the ECtHR is that the samples and profiles taken from them have not been destroyed despite their request from the authorities. According to them, the actions taken by the Government violated articles 8 and 14 of the Convention.

In England and Wales, the taking of samples and fingerprints and the processing of profiles from suspects has been regulated under “Police and Criminal Evidence Act (PACE)”, as amended by the Criminal Justice and Police Act 2001. According to the amendment, fingerprints and DNA samples obtained from persons in connection with the investigation of an offence might –under some circumstances- be retained even if that person was not convicted, or was acquitted. The retention period was not determined by law, and the samples and connected data could only be destroyed by the order of the Chief Constable.