Forensic Science International, 36 (1988) 147-151 Elsevier Scientific Publishers Ireland Ltd.

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FORENSIC MEDICINE AND HUMAN RIGHTS

JIZIRGEN L. THOMSEN and J0RGEN VOIGT

University Institute of Forensic Medicine, Frederik den Femtes Vej 11, DK-2100 Copenhagen 0 (Denmark)

Summary

The forensic scientist is used to evaluate lesions with regard to their age, the weapon used, the seriousness, etc. Based on a material of examinations of alleged victims of torture some of the types of lesions are discussed. The importance of being strictly objective and using a scientific approach is stressed. The Committee of Concerned Forensic Scientists and Physicians for the Documentation of Human Rights Abuses (CCFS) was formed in 1984. The aims and the work of the committee are described.

Key words: Torture; Doctors at risk; Concerned forensic scientists

Introduction

There is an increasing awareness in the medical profession towards the human rights issue. Since World War II several declarations have been pro- duced by various organisations. Of special interest to the medical profession are: The Declaration of Tokyo, 1975 [l], of the World Medical Association in which it was stated that ‘doctors shall not countenance, condone or partici- pate in the practice of torture of other forms of cruel, inhuman or degrading procedures’, The United Nations Principles of Medical Ethics relevant to the Role of the Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman or De- grading Treatment or Punishment. The British Medical Association has set up a working party to report on the involvement of doctors in torture around the world [2]. In Chile, where doctors are known to have participated in torture, the Chilean Medical Association has taken initiatives to stop it.

The role of the forensic scientist

There is an obvious need for forensic expertise in the detection of physical torture. It is part of the daily work of the forensic pathologist to evaluate lesions with regard to their age, severity and causing factor. The distinction must also be made between intravital and postmortal lesions. The forensic scientist is also used to present evidence in court. He knows that he can very rarely be abso- lutely certain about a lesion, using terms like consistent with, etc.

0379-0738/88/$03.50 0 1988 Elsevier Scientific Publishers Ireland Ltd. Printed and Published in Ireland

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Torture is used in many countries all over the world, refugees flee from oppressive regimes and we may, therefore, all anticipate to evaluate such lesions both in the living and the dead. The lesions caused by torture are usually not different from the lesions we see in our daily work. Blunt force like kicking and beating are common. There is, however, sometimes a certain pat- tern, and we should be familiar with the sequelae after phalanga (beating of the soles of the feet with a rod), electric torture [3], burning (e.g. with cigarettes), suspension by the extremities, etc. Some of the problems associated with this kind of work are illustrated in the following case stories.

Case stories

The three males (Figs. 1-3) were all found dead in the street in Manila in the Philippines after riots against the former regime. They were not identified.

Fig. 1

Fig. 2.

Autopsies were performed but the results are not known to us. We only have the black and white photographs to evaluate, and we were asked to state an opinion. (1) The body of a young male. There are scattered abrasions which look recent. Across the neck and running almost horizontally there is a recent abrasion. (2) The body of a young male with scattered recent abrasions and again a horizontal abrasion on the neck. (3) The body of a young male. The pattern described above is repeated with several abrasions and a transverse abrasion on the neck. In this case t.here also seems to be a large bruise on the chest and abdomen.

On the left side of the chest there are six lesions all having similar appear- ance. They measure about 1 x 0.5 cm and have two more or less well defined angles at the ends, and thus appearing as stab wounds. It is of course difficult to make reliable conclusions. We concluded, however, that most of the lesions showed vital reaction, that the cause of death was most likely to be suffocation due to strangulation and that the depicted males may have been tortured prior to death. These cases demonstrate various aspects. It is impossible to be cer- tain about our conclusions. We can only indicate that they may have been strangled, and that they may have been tortured. The quality of the photo- graphs is not very high, they are black and white, and we are only shown those

Fig. 3.

parts of the bodies that the photographer wanted us to see. We must never allow ourselves to be biased in order to serve a good cause. If we lose the objectivity, we will also lose credibility. A ‘vague’ statement may sometimes have a stronger effect, because the receiver will tend to add his own interpretation.

Committee of Concerned Forensic Scientists and Physicians for the Documentation of Human Rights Abuses (CCFS)

A committee with the stated name was formed at the meeting of the Interna- tional Association of Forensic Scientists in Oxford in 1984. It was formed with

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the purpose of collecting a group of independent forensic scientists from all over the world. The response was very good, as up till now about 40 highly qualified experts have become members. They come from various parts of the world with a slight predominance, however, of European and North American members. So far the committee has been a discussion forum and members have participated in human rights sessions. One member has undertaken a ‘fact finding mission’ in a case, where allegations of extrajudicial killing were raised against the authorities. We hope to be asked to participate in such missions in the future. Another purpose is that of help to ‘doctors at risk’. These are doctors (e.g. forensic scientists) who work in close contact with the authorities and thus may be asked to participate in torture, to issue a false death certificate, etc. It is hoped that CCFS will be able to support such colleagues if they are placed under pressure from the authorities.

Forensic medicine is practised in many different ways. In some countries it is almost non existant. There is a need for common guidelines with the purpose of facilitating communication and mutual education. Recently, a group of lawyers and forensic pathologists in Minnesota took a good initiative, as they published: ‘The Minnesota Protocol: Preventing Arbitrary Killing Through An Adequate Death Investigation and Autopsy’ [4]. In this report they de- scribe in great detail autopsy procedures, the analysis of skeletal remains, etc. It could very well serve the purpose of being the basis from which to proceed to internationally adopted guidelines.

As a conclusion it may be stated that human rights are violated each day and on a large scale. It seems that there is an increasing awareness and will among the forensic scientists to participate in the struggle to prevent these violations and thus giving rise to some cautious optimism.

References

1 Declaration of Tokyo of the World Medical Association, 29th World Medical Assembly, October lOth, 1975, Tokyo, Japan.

2 The Torture Report, London, British Medical Association, 1986. 3 T. Karlsmark, H. K. Thomsen, L. Danielsen, 0. Aalund, 0. Nielsen, K. Nielsen and I. K. Genefke,

Tracing the use of electrical torture. Am. J. Forensic Med. Pathol., 5 (1984) 333337. 4 The Minnesota Protocol: Preventing Arbitrary Killing Through an Adequate Death Investigation

and Autopsy, A report of the Minnesota Lawyers International Human Rights Committee Sub- committee on Inquiry Procedures, April, 1986.