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were deficient, not only in Latin-America but worldwide. The most widely
used one is the Istanbul Protocol, which appeared in 1999 thanks to the
cooperation of a group of entities, physicians and lawyers in order to
establish treatment standards for this kind of victims, so that these items of
evidence may be understood in the courts. The Protocol describes situations
such as that suffered by Mr. Wilson Gutiérrez, the manner in which the
examinations have to be conducted, the manner in which the medical
opinions should be drafted, and how the follow-up on the victim must be
carried out. Had the Protocol been applied in the instant case, the result of
the investigation would have been different, as it would have “made it easier
to understand the agressions and the events.”
In the case of persons whose physical integrity has been damaged, the
medical examination must be particularly careful of the victim, as “there is a
standalone fear component” that might be harmful for them. The first thing
the physician must do is to establish an empathy relation with the person
being examined, so that “the individual feels at ease with the physician and
is able to render an account of the events” without withholding certain
details for fear of making them public. In such cases, the alleged agressors
should not be present. In addition, “the physicians must not confine
themselves to examining the anatomical regions [of which] the victim
complains […;] but they must conduct a thorough examination, objectively
supported by graphical records, especially photographs.”
In torture cases, the aggressor strives to inflict suffering on the victim in a
manner that will not leave physical traces. The aggressor is aware that if he
leaves traces it is easier to track him down. As regards the genital injuries
sustained by Mr. Gutiérrez-Soler as a result of the burns, there are
undoubted signs and they will remain for life. As to the matter of anal sexual
abuse, often no physical external traces are left, as it occurred in the instant
case.
The officials making arrests or who interact with those arrested should
regularly undergo psychological or psychiatric examinations, as very often
such officials have personalities that may turn them aggressive. In the
instant case, there exists a psychiatric examination where one of the
perpetrators is also examined, “from the reading of which some
psychological traits within the profile of psychopathic pathology can be
surmised.”
People who are under arrest should undergo regular physical examinations,
and the physicians must not confine themselves to “the complaints made to
him by the victim, as on many occasions the victims are not up to assessing
the full context of their suffering.”
b)
Expert report by psychologist Ana Deutsch
The expert witness stated, Mr. Wilson Gutiérrez-Soler suffers from posttraumatic stress. Such diagnosis was made based on “the criteria established
in the psychiatric diagnosis manual published by the American Psychiatry
Association” in 1994. In order to arrive at such a diagnosis six criteria must
be met: firstly, the person must have experienced a traumatic event which
affected the individual, and to which the person reacted with horror and
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