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/.
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