and authorship. 170 Finally, the Court points out that the Protocol states that “[t]he
timeliness of such medical examination is particularly important” and that "[a]
medical examination should be undertaken regardless of the length of time since
the torture.” 171 Therefore, carrying out the examination a year after the facts does
not call into question its validity.
123.
In addition to listening to Dr. Tramsen at the public hearing, the Court
received three expert opinions concerning the allegations of torture, presented by
the expert witnesses Gutiérrez Hernández, Deutsch, and Quiroga (supra paras. 25
and 26). As regards the opinion prepared by the expert witnesses Dr. Tramsen and
Dr. Tidball-Binz, expert witness Gutiérrez Hernández concluded that “it is basically
an opinion that ignored the necessary scientific basis, and that only provided
unrealistic and subjective elements regarding the subject matter for which it was
requested” and “ did not comply with the international guidelines established by the
Istanbul Protocol.” 172
124.
For his part, expert witness Quiroga concluded that “[t]he violent methods
used during [the] arrest and interrogation [of Messrs. Cabrera and Montiel] and the
findings of the physical examinations are consistent with each other, and consistent
with torture.” 173 The State argued that the medical investigation was performed
“11 years and 28 days after the facts,” that “it did not take into account the
preexisting medical reports and certificates, and those contemporary to the events
of the arrest of those accused today,” and that it did not assess certain factors such
as “[t]he detainees’ probable physical resistance during the arrest” and the
contradictions in their statements.
125.
The psychological expert report prepared by Ana Deutsch and rendered
before a notary public, states that Messrs. Cabrera and Montiel were diagnosed
with symptoms of post-traumatic stress disorder and major depression, allegedly
170
Cf. Istanbul Protocol, supra note 149, para. 82.
171
Cf. Istanbul Protocol, supra note 149, para. 104.
172
Expert witness Gutiérrez Hernández also indicated that “in the case of Mr. Teodoro Cabrera,
eight medical certificates had been issued, all of which agreed that he had no physical injuries, […] the
first two certificates only mentioned a stab wound located behind the ear, […] which was not recent, so
that […] it already existed at the time of the arrest. In the specific case of Mr. Teodoro Cabrera,
therefore, there was never any injury compatible with acts of physical torture. In the case of Mr. Rodolfo
Montiel, for whom seven medical certificates were issued […], the first two medical certificates state the
presence of two linear excoriations 1 centimeter in length, located on the forehead and that […] after
performing the relevant examination, it was determined that, due to the type of injury, its
characteristics and its size, it was a very slight injury, that it is definitely not compatible with the acts of
torture alleged.” Cf. Statement rendered by expert witness Juana Ma. Gutierrez Hernández at the public
hearing, supra note 162.
173
Specifically regarding Mr. Cabrera García, he mentioned that “he has daily, moderate to severe,
headaches associated with emotional stress, consistent with tension headaches. He also complains of
chronic, recurrent lumbar (back) pain, aggravated by physical activity and the years since he was
arrested and beaten, which limits his work opportunities.” In addition, “he has two scars in the temporal
region (ears), related to old wounds inflicted by a sharp instrument […] consistent with his history of
trauma caused by metal shards.” He also “has a scar on the chest, after surgery to remove a mass that
is possibly related to the trauma.” Finally, “[t]he medical examination shows atrophy of the right testicle
[…] consistent with testicular atrophy after trauma.” Concerning Mr. Montiel Flores, he indicated that
“[h]e has reduced bilateral hearing acuity, which has worsened due to recurrent otitis that began during
the detention period.” In addition, “Rodolfo suffers from chronic headaches, and chronic pain in the
neck, shoulders and lumbar region. Chronic pain is the most frequent symptom of severe trauma
victims, and is well documented in the literature.” Also, “[t]he loss of strength in the hands has been
gradual and began during the detention period.” “Decreased sensitivity in the frontal region of both
thighs […] requires neurological evaluation.” Cf. Expert opinion rendered by expert witness Jose
Quiroga by means of an Affidavit on August 8, 2010 (Evidence file, volume III, pages 1316 to 1328).
47
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات