Post-mortem on the post mortems

Expert asks why post-tsunami Disaster Victim Identification (DVI) process was not followed

By Kumudini Hettiarachchi

Mid-October has been set as the target time-frame to exhume the 15 bodies of the 17 NGO workers who were killed, by as yet unidentified persons, in Mutur in early August, following the cloud of mystery surrounding their deaths and serious allegations of lack of transparency.

As soon as the security forces give their clearance these bodies will be exhumed, brought to Colombo and a joint team of local and foreign forensic experts will conduct detailed postmortem examinations on all 17 bodies, The Sunday Times learns. The two bodies already exhumed on September 14 are under refrigeration at the office of the Colombo Judicial Medical Officer (JMO).

Security forces personnel wrapping the body of an NGO worker after the postmortem examination

Claims of “inadequate postmortems” performed on these bodies on August 8 could have been prevented if the system of disaster victim identification (DVI) put into place by the JMOs of this country was activated by the authorities, stresses Dr.Clifford Perera, Coordinator of the Working Group of JMOs for DVI.

Laying bare the details behind the recent controversies, Dr. Perera, Lecturer and Consultant JMO attached to the Ruhuna Medical Faculty, singles out the three incidents that have caused much trading of allegations, since the escalation of incidents in the northeast.

Calling the killing of 17 NGO workers of ‘Action Contre La Faim’ (Action against Hunger) in Mutur in early August; allegations of hundreds of Muslim civilians being killed in the same area; and the more recent deaths of 10 Muslims in Pottuvil, man-made “mini disasters”, he says if procedures relating to forensic work had been carried out correctly, controversy could have been prevented.

Dr. Clifford Perera at the postmortem examination on the two bodies of the Mutur Muslims at the Kantalai Hospital

Dr. Perera reconstructs the scenario with regard to the first two incidents. “The army was advancing on Mavil Aru, the LTTE was on the retreat but captured Mutur. More clashes followed with the army then advancing on Mutur and the LTTE retreating. Between the time the LTTE was leaving and the army was taking over there was a ‘transient’ period. That was the time the NGO workers, 16 Tamils and one Muslim, were killed. There were no witnesses to the incident but subsequently a trading of allegations,” he says explaining that the Anuradhapura JMO was informed that some postmortems had to be conducted in Trincomalee, without being told the seriousness of the issue. Jaffna, Trincomalee and Batticaloa Hospitals do not have JMOs.

The Sunday Times understands that the A’pura JMO and his assistant had to conduct postmortems on the 17 bodies in less than five hours on August 8. “The bodies had been highly decomposed, with facial features disfigured as they had been lying in the heat of Mutur for several days before they were found and brought to Trincomalee by the army. The A’pura JMO did the best he could – major external examination including clothing and where necessary internal examination. Within those limited circumstances, without proper equipment, he came to the conclusion that the 17 had died of firearm injuries,” says Dr. Perera.

The ‘time since death’ can never be exact in such cases, only a ‘time range’ can be decided on, explains Dr. Perera, adding that death had occurred on August 4 or 5. After the postmortem examinations, the bodies were handed over to relatives and buried in four cemeteries in and around Trincomalee.

It was only when trouble brewed and international pressure was brought to bear, with the government being requested to get assistance from the Australian Federal Police in the investigation, that the local JMOs scattered across the country realized what had happened, laments Dr. Perera. “It was just the previous month, in July, that we set up a DVI system and offered extensive support to the government through the Ministry of Disaster Management.”

The Australian Federal Police were in Colombo in 24 hours with several meetings being held, at last with the JMO Working Group in the loop.

The consensus at these meetings was that the postmortem examinations conducted on August 8 were okay but more needed to be done and that all 17 bodies should be exhumed. “The main contention of the Federal Police was that the bodies had not been X-rayed which could help in identifying bullets and fragments, based on which an opinion could be given on the weapons used,” said Dr. Perera, adding that the local JMOs, in turn, explained that this would not throw up a black and white answer. “The conflict has been going on for so long in Sri Lanka that both sides use similar types of weapons, for there has been a mix.”Why didn’t the A’pura JMO X-ray the bodies? The general X-ray machines used on living people are not utilized for dead people. Usually, the JMO carries with him a portable X-ray machine, if the circumstances are made clear to him, says Dr. Perera.

Once the decision to exhume the 17 bodies was taken, a CID team had been deployed to find the places of burial in early September but the security situation prevented further action. Subsequently, two bodies were exhumed on September 14.

The case was similar with regard to the Mutur Muslims who had died in the fighting between the army and the LTTE. For a period Mutur had been a no-man’s land. With reports of hundreds of civilians being killed, international pressure mounted for at least the identification of the victims. Finally, the JMOs got word that 65 had been killed and were lying in hospitals in the vicinity. The JMOs offered their services and five of them including Dr. Perera and the A’pura and Polonnaruwa JMOs went up to Kantalai Base Hospital on August 17, only to find that there were just two bodies – one male, one female, both almost skeletalised.

Complete postmortems were held but there were no X-ray facilities at the base hospital, says Dr. Perera. “We couldn’t identify the cause of death because the bodies once again were highly decomposed, but came to the conclusion in one that death would have been due to firearm injuries. Provisional identification was done and the bodies handed over to relatives, after we took bone samples for DNA studies.”

The team had also assessed both the Kantalai and Trincomalee Hospitals and found them to be adequate for postmortem examinations as the facilities were good and there was enough space for their work. “We will have to carry our equipment,” he said.

In the last incident where the bodies of 10 Muslims who were killed in Pottuvil were found, Dr. Perera questions why only a magisterial inquiry was held and the bodies given to relatives for burial, without a postmortem examination.

“We informed the Ministry of Disaster Management that we could go with a team, as Pottuvil could be covered by the Galle JMO as Galle has all the facilities. There was no response,” he says adding that most people fear that the truth will come out if a postmortem examination is conducted.

However, all these allegations of a cover-up, intransigence, lack of transparency can be avoided if the right procedure is followed in cases where there are doubtful deaths. This is what the policy-makers should take heed of, urges Dr. Perera.