154. The forensic doctor should be responsible and
accountable for the autopsy. In other words, he
or she should be in charge of this part of the
overall investigation into the potentially unlawful
death, and accountable for it in accordance with
applicable law and ethics, including the need
to respect the dignity of the dead. (See also
Paragraph 45).
155. The body should be made available to the
forensic doctor for a reasonable minimum period
(e.g. 12 hours) that is sufficient to ensure an
adequate and unhurried examination. Unrealistic
limits or conditions are occasionally placed upon
the forensic doctor with respect to the length
of time permitted for the examination or the
circumstances under which an examination is
allowed. If unacceptable conditions are imposed,
the forensic doctor should be able to refuse
to perform a compromised examination and
should prepare a report explaining this position.
Such a refusal should not be interpreted as
indicating that an examination was unnecessary
or inappropriate. If the forensic doctor decides
to proceed with the examination notwithstanding
difficult conditions or circumstances, he or
she should include in the autopsy report an
explanation of the limitations or impediments.
156. Resources such as autopsy rooms, X-ray equipment
or adequately trained personnel are not available
everywhere, and their provision and upkeep
are usually not the responsibility of the forensic
doctor. Forensic doctors operate under divergent
political and legal systems. In addition, social
and religious customs vary widely throughout
the world.108 The forensic doctor, therefore, may
not always be able to follow all of the steps in
this Protocol when performing autopsies. Minor
deviations from the Detailed Guidelines on
Autopsy may be inevitable, or even preferable
in some cases. When there are major deviations
from the Guidelines, however, this should be
explicitly noted and the reasons for them given in
the autopsy report.
157. In the investigation of potentially unlawful
death, the body of the deceased is taken out of
family control and placed in the control of the
investigative mechanism. The forensic doctor
should be aware of the potential emotional
and other disruption this may cause, and
should minimize it, and the inconvenience to
the family, as much as possible consistent with
his/her obligation to discharge properly the
responsibilities set out in this document.
108
28
2.
The role of radiological imaging in investigating
potentially unlawful death
158. Plain X-rays have always been used, and continue
to play an important part, in the investigation
of the cause and circumstances of potentially
unlawful death. In recent years, the advent of
new forms of radiological imaging known as
cross-sectional and three-dimensional imaging
or scanning (computerized tomography – CT
scanning; magnetic resonance imaging – MRI
scanning), have captured the public imagination
to the point where the term “virtual autopsy” has
entered the language. The concept embedded
in this term has led to expectations that scanning
can reliably replace the traditional autopsy. Such
expectations are some way from being realized.
159. Whole-body scanning has, however, strengthened
the ability of medical science to investigate a
death, for the following reasons:
(a) Parts of the body not easily inspected by
traditional means are now seen
(b) In some cases the reconstruction of threedimensional images from scanning data may
assist in interpreting injury or disease, and the
acceptability of the images may help courts to
understand this interpretation
(c) Victims of multi-fatality disasters can be triaged,
improving prospects for identification
(d) Long-term digital storage of the images
improves the reviewability of the examination
of the dead body
(e) Medico-legal systems where autopsies are rare
can obtain information about the body that
would otherwise be unavailable.
160. The expense of this new imaging is such that it is
not, and is unlikely to become, widely available
on a global scale. In addition, although much
work has been done, the relative sensitivity,
specificity and predictive value of findings made
using scanning techniques, compared to those
from autopsy, have yet to be comprehensively
studied.
See, e.g., Report of the Special Rapporteur on freedom of religion or belief, Abedelfattah Amor, on his mission to the United States of America, UN doc.
E/CN.4/1999/58/Add.1, para. 15(b).
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
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