INDEPENDENT PATHOLOGISTS should be able to not only attend post-mortem examinations, but take notes as well, says Prime Minister P.J. Patterson.
Responding to complaints from human rights groups and relatives of deceased persons who said that independent pathologists were being denied this privilege, the Prime Minister has said that the Government "has instructed the Ministry of National Security to advise everyone involved that there is full compliance with the policy decision of Cabinet."
Mr. Patterson made it clear that "every effort must be made to ensure that reasonable requests from relatives of deceased persons to observe, or have observed, the conduct of examinations are facilitated."
The Prime Minister said, in a statement, that independent pathologists could not participate, or interfere with the procedure, but that "the taking of notes by the observer cannot be construed as a violation of this rule and the observer must be free to take notes of the proceedings."
He said that Government was even taking steps to enact legislation to enshrine the right of relatives to have an independent medical practitioner attend autopsies being done by Government-paid forensic pathologists, or medical practitioners.
In a reaction to Mr. Patterson's statement, the Independent Jamaica Council for Human Rights (IJCHR) expressed appreciation for the declaration. However, the IJCHR urged Mr. Patterson to make it clear that the observer should be permitted to take still or video photographs of the deceased's body and the conduct of the autopsy to ensure transparency and fairness to reduce complaints and uncertainty.
Administrative guidelines to allow relatives of deceased persons to be represented at post-mortem examinations were put in place in 1999 pending the announcement of plans to enact legislation.
The announcement came shortly after the 1999 death of Michael Gayle, who succumbed to injuries suffered after he was badly beaten by members of the security forces on Olympic Way, west St. Andrew, during a curfew.
Jamaicans For Justice (JFJ), the human rights lobby group, had lobbied for an independent pathologist to be present at Gayle's autopsy, but the wish was not granted.
JFJ and other groups complained last week that independent pathologists were still not being allowed to take notes or photographs at post-mortems examinations.
Mr. Patterson reiterated yesterday, however, that there were certain steps family members of deceased persons needed to take before an independent pathologist could be allowed to observe post-mortem examinations.
Under the administrative guidelines, relatives of a deceased person may be represented at a post-mortem examination by a qualified medical practitioner, a person qualified and registered to practise medicine in accordance with the laws of Jamaica. However, notification in writing must be given to the Government pathologist or other medical practitioner at least 24 hours before the commencement of the examination. The notification should state the applicant's relationship to the deceased and the name of the medical practitioner who will represent him/her at post-mortem examination. The applicant will be informed of the date, time, place of the autopsy.
