7.
The autopsy report
268. The autopsy report should be sufficiently
comprehensive for another forensic doctor, at
another time and place (and supported by access
to the photographs) to be in possession of all the
relevant observations required in order to come to
his or her own conclusions about the death. At the
end of the autopsy report should be a summary of
the findings, including the results of special tests.
In addition, the prosector should provide his/
her opinion about the identity of the deceased,
and injuries and disease present, attributing any
injuries to external trauma, therapeutic efforts,
post-mortem change, or other ante-mortem, perimortem, or post-mortem causes. As mentioned
above (see Paragraph 151), an opinion as to
how the injuries might have been caused, and
whether they caused or contributed to the death,
should be provided. Reasonable, evidence-based
conclusions about the circumstances of the death
(including where appropriate the manner of death)
should be made. Finally, the formal cause of
death, as discussed above, should be provided
and explained. The full report should be given
to the appropriate authorities and (except if they
are implicated in the cause of the death) to the
deceased’s family.
8.
Autopsy signs of possible torture
272. Notwithstanding the aide-memoire, it is crucial
that as part of the autopsy examination the
prosector should detect, photograph and record
in writing all injuries, whether old or recent.
This means recording their site, size, shape,
symmetry, surrounds, colour, contour, surface
(scaly, crusty, ulcerating), course, direction, depth,
any associated bruising or oedema and any
surrounding pallor/melanosis. Much torture will
be missed if there is not an inquiring approach
to the autopsy. There should be a willingness to
undertake subcutaneous disSection – it is a wellknown principle of forensic medicine that deeper
injury is often not visible externally and must be
sought. Fractures and dislocations may occur in
relatively unusual places for autopsy disSection —
often the limbs and the facial bones. Again,
these will be missed if not searched for. For these
reasons, if whole-body cross-sectional scanning
(e.g. CT scanning) is available, its use should be
very seriously considered, even if it means having
to transport the body to another location.
273. In the conclusions of the report, comments should
be made both on the overall pattern of the injuries
(the number and location of different injury types)
and what this might mean, and also on individual
injuries with sufficient specificity to suggest their
cause.
269. Torture, in brief, is the intentional infliction of
severe mental or physical pain or suffering by or
with the consent of State authorities for a specific
purpose.119
270. Forensic doctors are at the forefront of detecting
torture, and never more so than when undertaking
the autopsy of a person who has died in the
custody of the State.
271. This Section has extracted much of the information
in Table 2 (overleaf) from both the original
Minnesota Protocol and from the Istanbul
Protocol: Manual on the Effective Investigation
and Documentation of Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment.120
It is intended as an aide-memoire for forensic
doctors who may be about to undertake the
autopsy of a potentially unlawful death where
the deceased has been, or may have been,
in the custody of the State. The annex is not a
comprehensive list of all the signs of torture or
mistreatment that could occur. In particular it does
not cover the myriad effects of neglect (including
deprivation of food and water) and withholding
medical care.
46
119
At: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx. Art. 1 of the 1984 UN Convention Against Torture defines torture as: “any act by which
severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or
a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a
public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”
120
At: http://www.ohchr.org/Documents/Publications/training8Rev1en.pdf.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents