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DNA test to be legalized in Holland (1)

01 January 1991

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DNA test to be legalized in Holland
artdoc February=1992

Persons suspected of having committed a crime, punishable with
8 years or more imprisonment, can in the future be forced to
allow a blood sample to be taken for a DNA test. With this test
it will be possible to establish whether the genetic material
from blood, sperm, hairs or skin particles found at a scene of
crime matches a suspect's unique DNA code. If sufficient DNA
material is available, suspects are allowed counter-expert's
assessment at their own cost. The Dutch Supreme Court (Hoge
Raad) ruled in July 1990 that a suspect can not be forced to
allow a doctor to take a DNA test, since there was no specific
law in which this violation of physical integrity is regulated.
A commission (Commissie-Moons) concluded later that year that
European treaties would not form a barrier to such legislation.
Subsequently, Minister of Justice Mr Ernst Hirsch Ballin sent a
bill to parliament at the beginning of December. The bill is
likely to be amended, since there is no provision for privacy
safeguards with regard to further use of the DNA material or the
data derived from it. However, a majority in parliament is
expected to endorse the bill.

Statewatch, Volume 2 no 1, January/February 1992

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