Semmaram Encounter Killings Fact Finding Report2

Tamil Research Institution (TRI)
5.3.3. ask how the police identified bodies on which no ID cards were found;
5.3.4. check the inquest report to see if the bodies had already been identified and, if so,
by whom; the private citizen or policeman concerned should be asked to explain
how he made the identification;
5.3.5. check the post-mortem reports for the same information;
5.3.6. check media reports, particularly on television, to determine if the names of those
killed were made public before the police, in their reports, acknowledged having
identified them;
5.3.7. draw up a sequence of events, collating the claims made by the police and the next
of kin;
5.3.8. if an analysis of this sequence and of the statements recorded by the investigators
shows that the police could not have identified the dead men unless they had first
interrogated them, and had their particulars, take this as prima facie and compelling
evidence that the claim of an encounter was false.
6.0. THE POST-MORTEM AND ITS REPORT
6.1. The autopsies must be carried out strictly in accordance with the NHRC guidelines. The
entire operation, conducted by doctors, not other hospital staff, will be photographed and
videotaped to the standards specified by the NHRC and reported in the format which it has
circulated to States (Annexures 24 & 25).
6.2. Since not all columns are filled out in reports, which results in important information
being lost, and reports are always handwritten and often sketchy on key details, including in
the description of wounds, all reports shall be recorded and first reported in electronic form.
Since autopsies are never carried out at a level below a District Hospital, which have
computers, this should pose no problem to the State authorities.
6.3. The electronic format devised by the NHRC should incorporate software that prevents a
document from being saved unless an entry has been made against each column. This will
ensure that every report is comprehensive.
6.4. In all cases of post mortems resulting out of police action, it is strongly advised that the
Chief Forensic Expert leading the exercise shall ensure that a representative of the family of
the deceased if available outside the mortuary or any one deputed by the family on their
behalf, including either a representative of a human rights organization or a private forensic
expert or even a medical officer or a lawyer, who may be willing to be present when the post
mortem is carried and also sign at the end of the post-mortem that he/she was present. This
representative shall have the right to even personally photograph / videograph the conduct
of the post mortem on his/her own.
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