3)
Christian Tramsen, former adviser to Physicians for Human Rights –
Denmark (PHR), who examined the alleged victims in July 2000 in order to
determine whether they had been tortured; an expert witness presented by
the representatives, who issued a technical opinion on the following
aspects: i) the physical and psychological health of Messrs. Cabrera and
Montiel in July 2000; ii) “the link between the symptoms he found and the
facts described by the [alleged] victims to the PHR doctors;” iii) the method
used to perform the medical examination and how this method can allegedly
detect torture one year after the alleged events occurred; iv) “the
internationally accepted methodology followed in order to determine
torture,” and v) “basic standards for the medical examination of detainees
held under State jurisdiction in criminal proceedings, using these as a basis
for analyzing the content of the medical certificates issued on the health
status of Messrs. Montiel and Cabrera by State forensic doctors,” 32 and
4)
Juana Ma. del Carmen Gutiérrez Hernández, official forensic
physician at the Attorney General’s Office of Mexico, an expert witness
presented by the State, who issued a technical forensic-medical opinion on
the following medical assessments: i) the tests conducted on the alleged
victims on the days following the events of this case; ii) the test used as a
basis for releasing the alleged victims from prison, and iii) the test
conducted by Physicians for Human Rights – Denmark, and the relationship
between these medical tests and the criminal proceedings in this case.
2.
Admission of Documentary Evidence
27.
In this case, as in others, 33 the Court admits the evidentiary value of those
documents that were forwarded by the parties at the appropriate procedural stage
that were not disputed or challenged, and the authenticity of which was not
questioned. As to the documents forwarded in response to the request for evidence
to facilitate adjudication of the case (supra para. 10), the Court incorporates these
into the body of evidence, pursuant to the provisions of Article 47(2) of the Rules
of Procedure.
28.
Furthermore, the Court shall examine, in the first place, Mexico’s
observations regarding certain documents submitted with the petition and with the
brief of pleadings and motions and shall then rule on the documents that were
32
The State asked the Court to reconsider its President’s decision to summon Dr. Tramsen as an
expert witness. The full Court rejected said request. In its request, the State objected to Dr. Tramsen
for “having been a defender and person of trust” of Messrs. Cabrera and Montiel and for indicating that
“he neither knew nor represented the alleged victims before issuing his opinion […] at the domestic
courts.” The State added that this attitude “calls into question the impartiality, objectivity and
truthfulness with which the expert witness rendered his opinion.” In this respect, the Court noted that
the State “did not indicate how Dr. Tramsen would have acted as defense counsel" nor “ did it present a
document showing that he acted as a legal-technical support during the statements rendered before the
prosecutors or judges or that he had filed judicial remedies or legal arguments about what happened.”
The Court noted that “Mr. Tramsen is a physician” and that his “intervention as a physician does not
seem to be related to a legal representation”; therefore, the lack of truthfulness alleged by the State is
not admissible. As to the lack of objectivity, the Court agreed with the President that “the objectivity
that an expert witness should presumably have, even at the domestic level, does not cease because he
or she has rendered an expert opinion on another occasion”. Therefore, even though “the domestic
courts may heard, reported and assessed that expert opinion prior to this Court hearing the case, this
does not imply that said opinion is no longer an expert or objective one.” Cf. Case of Cabrera García and
Montiel Flores v. Mexico. Order of the Inter-American Court of August 23, 2010; dissenting opinion of
Eduardo Vio Grossi, Judge.
33
Cf. Case of Velásquez Rodríguez v. Honduras. supra note 25, para. 140; Case of Rosendo
Cantú et al. v. Mexico; supra note 30 and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note
30, para. 42.
15