Lawyers oppose autopsy without bereaved family's consent

Baek Nam-ki ’s bereaved family’s legal representative Lee Jung-il, left, holds a sign saying, “Demanding the correction of the death certificate,” after finishing a press conference held at Seoul National University Hospital (SNUH), Tuesday. Baek died 10 months after being hit by a police water cannon in an anti-government demonstration last year. / Yonhap

By Chung Hyun-chae

More than 100 lawyers have taken a firm stance against the law enforcement authorities’ push for an autopsy on the body of a farmer who died 10 months after being hit by a police water cannon during an anti-government demonstration last November.

They issued a statement Friday, arguing that an autopsy is illegal without the consent of the bereaved family of the late farmer Baek Nam-ki, 64.

The lawyers said that an autopsy was unnecessary as they believe that the use of the water cannon led to his death.

They called for the appointment of an independent counsel to uncover the exact cause of death.

Controversy surrounding Baek’s death is pitting opposition lawmakers against their ruling party counterparts as well as dividing the nation.

Three opposition parties jointly submitted a motion for the appointment of the independent counsel to the National Assembly, Wednesday. But the ruling Saenuri Party is against the motion, dismissing it as a political offensive.

The lawyers’ statement came after the Seoul Central District Court approved a request by police and the prosecution for an autopsy on the body of Baek.

The request was the second of its kind after the court first denied a previous one.

Approving the second request, the court said that the authorities should provide enough information and negotiate with bereaved family members on how to conduct the autopsy.

However, the bereaved family members and critics denounced the court for just telling the authorities to consult with the family members, and not to seek their consent.

The lawyers, including Na Seung-chul, a former president of the Seoul Bar Association, insisted that there was a clear link between Baek’s death and the use of the water cannon.

The lawyers also mentioned the fact that there is sufficient video footage that recorded the demonstration and the moment in which Baek was hit by the water cannon, which they believed can prove that injuries from this caused his death.

They also backed Baek’s family’s claim that police, who allegedly caused his death, are trying to conduct an autopsy in a bid to avoid their responsibility and cover up the case.

“The reason why Baek’s bereaved family members are firmly opposed to an autopsy is that the police, who are responsible for his death, have been pushing for it, leading them to believe that the authorities are trying to evade their responsibility,” the lawyers said, calling it a reasonable suspicion.

Baek died Sept. 25 in Seoul National University Hospital. He had been in a coma following an operation for injuries he received after being struck by the water cannon.

The hospital has added to the controversy by issuing a death certificate stating that he died of illness, not from injuries sustained in the police action.