G. Autopsy
1.
General principles
148. Paragraph 25 sets out the aims of an investigation
into a potentially unlawful death. To achieve
these aims, the necessity for an autopsy should
be considered. With the exception of identifying
possible witnesses, all of the aims rely to some
extent on an autopsy being performed, so helping
to achieve them becomes a key duty of the
forensic doctor, who must be well trained and
experienced.
149. While the duties of clinical doctors are generally
understood by the public, this is not the case
with respect to forensic doctors.105 The duties of
forensic doctors in relation to death investigations
are: (i) to help ensure that the identity of the
deceased is established; (ii) to help ensure that
the cause and circumstances of the death are
revealed; and (iii) to exercise care and skill in this
work. The discharge of these duties requires an
understanding of the basic aims of the autopsy.
These aims are to: (i) discover and record all
the identifying characteristics of the deceased
(where necessary); (ii) discover and record all
the pathological processes, including injuries,
present; (iii) draw conclusions about the identity
of the deceased (where necessary); and (iv)
draw conclusions as to the cause of death and
factors contributing to death.106 In situations
where the circumstances of death are unknown
or in question, a forensic doctor should apply
the autopsy findings and conclusions to the
reconstruction of those circumstances. If possible,
the doctor should attend the scene of death,
preferably with the body in situ.107
150. A forensic doctor should record the positive and
relevant negative observations and findings
in such a way as to enable another forensic
pathologist at another time to come to his or her
own conclusions about the case independently.
As forensic pathology is essentially a visual
exercise, this involves a dependence on good
quality – preferably colour – photography.
151. The autopsy report may be used by the authorities
and others to help determine if the deceased was
assaulted (including whether they were tortured
or maltreated), and if the injuries either caused or
contributed to death. On this basis, the autopsy
report must not only include a list of the findings
and injuries, it must also provide an interpretation
of them. If the forensic doctor believes that
specific injuries have been inflicted by a particular
mechanism, such as might occur during torture,
for example, then he/she is strongly encouraged
to provide that opinion in writing in the autopsy
report. In addition, if a group of injuries, when
considered together, imply a certain pattern of
inflicted maltreatment, this should also be clearly
stated in the autopsy report. While the forensic
doctor may not make the final determination of
whether the deceased was assaulted (or tortured),
it is his/her duty to interpret and explain, if at
all possible, how the injuries occurred. If the
connections between the observed injuries and
the mechanism of infliction are not made by the
forensic doctor, then the main value of actually
performing the autopsy – helping to find the truth
behind the death – may be lost.
152. The Detailed Guidelines on Autopsy should
be followed to the extent possible given the
resources available. The forensic doctor should
request additional resources if they are regarded
as necessary or desirable in the circumstances
of the case. Use of the Guidelines will permit
valid and reliable conclusions to be reached,
thus contributing to the correct resolution of
controversial cases. It will also thwart the
speculation and innuendo that are fuelled by
unanswered questions in the investigation of an
apparently suspicious death.
153. The Detailed Guidelines on Autopsy include
guidance on the detection of torture as an aidememoire for forensic doctors who may not be
experienced in the assessment of such cases. The
Detailed Guidelines on Autopsy are supported by
the Detailed Guidelines on the Analysis of Skeletal
Remains.
105
In this document, forensic pathologist, forensic doctor and prosector are used interchangeably. The last term refers to the person undertaking the autopsy.
106
See, e.g., M. El-Nageh, B. Linehan, S. Cordner, D. Wells and H. McKelvie, Ethical Practice in Laboratory Medicine and Forensic Pathology, WHO Regional
Office for the Eastern Mediterranean, Alexandria, Egypt, 1999, pp. 38–39, at: www.emro.who.int/dsaf/dsa38.pdf.
107
This excerpt relates to the duties of the prosector in a forensic autopsy generally, not specifically one involving a potentially unlawful death. In the latter case, the
expectation will be that, if possible, the forensic doctor will attend the scene of the death, usually at the request of the police.
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