(Adopted by the Committee of Ministers on 10 February 1992 at the 470th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 ("the Data Protection Convention");
Considering that the fight against crime calls for the use of the most modern and effective methods;
Convinced of the need to pursue a common criminal policy aimed at the protection of individuals and the society in which they live;
Bearing in mind that the techniques of DNA analysis can offer advantages to the criminal justice system, in particular in the determination of innocence or guilt;
Bearing in mind however that such techniques, which are continuously evolving, should be carried out in a reliable manner;
When this Recommendation was adopted and in application of Article 10.2.c of the Rules of Procedure for the meetings of the Ministers' Deputies, the Representative of Denmark reserved the right of her government to comply or not with the Recommendation as a whole; the Representatives of Germany, the Netherlands and Norway reserved the right of their governments to comply or not with principle 8 of the Recommendation.
Mindful however that the introduction and use of these techniques should take full account of and not contravene such fundamental principles as the inherent dignity of the individual and the respect for the human body, the rights of the defence and the principle of proportionality in the carrying out of criminal justice,
RECOMMENDS the governments of member States to be guided in their legislation and policy by the principles and recommendations set out below;
INSTRUCTS the Secretary General to bring the contents of this Recommendation to the attention of the non-member States and international organisations which have participated in its preparation.