statements regarding the time and the methods of torture suffered [by Messrs.
Cabrera and Montiel]. Furthermore, the medical history of the patients coincides
with the development of the symptoms described by medical science.” 166
Nevertheless, they recommended that “in any case, […] additional examinations be
performed on both individuals in order to determine […] the full repercussions of
the physical and psychological harm caused by the torture and to propose the
appropriate treatment.” 167
122.
The domestic courts and the State 168 considered that this expert opinion
was insufficient to prove torture, because: i) they alleged a lack of impartiality by
Dr. Tramsen and Dr. Tidball-Binz, since the alleged victims regarded them as
trusted advocates and, “in order to gain access to the detention center, the
representatives “accredited [them] […] as members of their organization’s legal
department [which was not necessary, given that] there are procedures for
authorizing the medical evaluation [...] of detainees;” ii) the conclusions reached
by the expert witnesses constituted inaccurate and general assessments, which did
not take into account the evidence provided in the criminal proceeding; also the
conclusions of the experts’ opinion were not supported by any scientific study but
only by a physical examination, 169 and iii) the report was prepared a year later.
Regarding the first argument, the Court reiterates the comments made in its Order
of August 23, 2010, namely that “under Mexican law, the mere appointment of a
‘person of trust’ does not necessarily imply the ‘material conduct of the defense’”
and that “there is no record of a defense proceeding conducted by Mr. Tramsen;
rather, there is evidence that his intervention was limited to his expert opinion”
(supra para. 26). In the second place, the Court considers that Messrs. Tramsen
and Tidball-Binz complied with the minimum requirements established in the
Istanbul Protocol since they prepared an accurate report describing the
circumstances of the interview, background, physical and physiological test, opinion
seemingly influenced his observations and the reconstruction of events.” During the public hearing, Dr.
Tramsen stated that this examination was performed according to the methodology established in the
Istanbul Protocol and by the International Rehabilitation Center for Tortured Victims. Cf. Physicians for
Human Rights- Denmark. The case of Rodolfo Montiel Flores and Teodoro Cabrera García, Mexican
farmers and environmental activists, July 29, 2000 (File of attachments to the application, volume XIX,
pages 8374 to 8383).
166
Cf. Physicians for Human Rights- Denmark. Case of Messrs. Cabrera and Montiel, supra note
165, page 8382.
167
Cf. Physicians for Human Rights- Denmark. Case of Messrs. Cabrera and Montiel, supra note
165, page 8383.
168
The State attached an “Analysis of the expert opinion furnished as evidence”, undated, in which
the Public Prosecutor’s Office (PGR) “made an analysis of the expert opinion issued by the organization
“Physicians for Human Rights Denmark” and the “actions related to the different medical certifications
[…] in [the case file].” Based on this, the PGR concluded, inter alia, that the expert opinion prepared by
Messrs. Tramsen and Tidball-Binz: i) “in no way conforms to what a forensic medical expert opinion
should contain methodologically, apart from the fact that it was not offered as expert evidence with the
formalities required by the Federal Code of Criminal Procedures;" ii) "it lacks of scientific-technical
methodology;" iii) "[i]t does not contain the information contemplated by international standards;” iv)
“it is dogmatic since it does not select or order information obtained from the version of the patients,
search and identification of fingerprints, indicia or after-effects of physical injuries and/or psychological
disorders closely related to the facts denounced;” v) “[t]he medical investigation was carried out 14
months and 27 days after the facts and was presented in the informative style of a Report, describing
the alleged experiences of the petitioners;” vi) “it did not [take] into account the existing reports and
medical certificates," and vii) that "the evidence is not consistent with the alleged narration of the facts,
therefore, the physical-clinical-psychological diagnosis does not suggest a truthful allegation of physical
or mental torture.” Cf. Analysis of the expert report exhibited as evidence. Public Prosecutor’s Office of
the Republic (PGR) without date (File of attachments to the answer brief, volume XLV, pages 22471 to
22477).
169
Cf. Judgment issued on August 14, 2002 by the Second Collegiate Tribunal, supra note 84,
page 14464.
46
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