III. Professional Ethics III. Professional Ethics 41. All those involved in investigating potentially unlawful death must meet the highest professional and ethical standards at all times. They must work to secure the integrity and effectiveness of the investigation process and to advance the goals of justice and human rights. Those involved in investigations bear ethical responsibilities toward victims, their family members and others affected by an investigation, and they must respect the safety, privacy, well-being, dignity and human rights of anyone affected, working in accordance with the applicable humanitarian principles, in particular humanity and impartiality. 44. Any forensic doctor involved in the investigation of a potentially unlawful death has responsibilities to justice, to the relatives of the deceased, and more generally to the public. To discharge these responsibilities properly, forensic doctors, including forensic pathologists, must act independently and impartially. Whether or not they are employed by the police or the State, forensic doctors must understand clearly their obligations to justice (not to the police or the State) and to the relatives of the deceased, so that a true account is provided of the cause of death and the circumstances surrounding the death. 42. When dealing with family members, potential witnesses and others contacted in the course of an investigation, investigators must take care to minimize the harm that the investigation process may cause, especially regarding the physical and mental well-being of those involved in the investigation and the dignity of the dead. Special consideration is required for those at particular risk of harm, such as victims of sexual abuse, children, the elderly, refugees, those with diverse gender identities and expressions, and persons with disabilities. 45. More generally, as stipulated by the International Code of Medical Ethics of the World Medical Association (WMA), “A physician shall be dedicated to providing competent medical service in full professional and moral independence, with compassion and respect for human dignity.”85 For its full realization, this also requires the State to create the circumstances in which such independence can be exercised, including by protecting the forensic doctor from harm or harassment as a result of involvement with potentially sensitive case work. 43. Investigators shall act in accordance with domestic and international law and shall avoid arbitrary or unduly intrusive investigatory activity. They should endeavour to respect the culture and customs of all persons affected by the investigation, as well as the wishes of family members, while still fulfilling their duty to conduct an effective investigation.84 84 International Consensus on Principles and Minimum Standards in Search Processes and Forensic Investigations in cases of Enforced Disappearances, Arbitrary or Extrajudicial Executions, Annex 6 in International Commission of Jurists, Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction, A Practitioners Guide, 2015. 85 WMA, International Code of Medical Ethics, at: http://www.wma.net/en/30publications/10policies/c8/. 11

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