16
and that I have never been able to afford therapy. And the other one wants
to study, and I can’t really take that right away from her — I must do
something.”
Currently, his mother is managing his father’s estate, which consists of a
farm and two cars.
EXPERT EVIDENCE
a)
Expert report by Mrs. María Cristina Nunes de Mendonça,
lecturer on Legal Medicine at the University of Coimbra, Portugal
The expert witness pointed out that, as a result of his arrest, Mr. Wilson
Gutiérrez sustained physical injuries that can be grouped in two different
kinds: genital injuries and anal injuries. The genital injuries may de
described as second-degree burns caused by exposure to heat, specifically
by contact with flames. Second-degree burns tipically involve the presence of
blisters with liquids inside them and affect the deepest tissues in the skin. As
for anal injuries, in the instant case they have been internal injuries in the
rectum caused by the introduction of a hard object.
The physical sequels in the instant case would have had to be treated
properly. Timely treatment was required so that the sequels would not be so
evident. In the instant case, the sequels mentioned are permanent. Likewise,
there are functional-sexual sequels, described in some of the reports, such
as that of September 16, 1996 at the Colombian Forensic Medicine Nacional
Institute and the urologic report made in 2000.
There is yet another set of sequels, namely psychological sequels, which are
clearly set apart in three forensic psychiatry reports made by a group of
psychiatrists and psychologists from the Colombian Forensic Medicine
Nacional Institute. Three of the descriptions characterize a condition called
“post-traumatic stress disorder”. The victim’s character, irritable behavior, a
fobic and elusive attitude, and the irreversible nature of such characteristics,
are the typical symptoms of such disorder.
The forensic medical examinations performed in the instant case have been
incomplete. No photographic records of the injuries have been made, and
they are extremely important. The examinations have been confined to an
external, physical description of the anatomical areas. No examination was
made of the anal anatomical injury, which is a very simple one. One of the
reports is missing a detailed description of the injuries, which might condition
its interpretation, attempt against its results and diminish the significance of
these documents in these proceedings.
The victim did not receive regular and adequate medical treatment until his
imprisonment on September 14, 1994, twenty-one days after the events.
The victim does not seem to have received proper treatment, nor was he
provided with basic means of personal hygiene so as to prevent the infection
he subsequently came to suffer.
Protocols and standards have been established to improve the treatment for
victims of aggressions like those in the instant case, as the ones in existence
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