conducted when the victims were released from prison indicated that in Mr.
Montiel’s case there was an “ area of skin (dermatome) with insensitivity” over an
area of “5 cm” on the right thigh.” 185 Likewise, the report by Dr. Tramsen and Dr.
Tidball-Binz indicated that “[i]n the middle of the outer side of [Mr. Montiel Flores’]
upper right thigh, [there is] a 5 centimeter long and 3 centimeter wide
subcutaneous tumor without skin depigmentation. There is no sensitivity in this
area.” 186 Furthermore, regarding Mr. Cabrera García, they certified that “on the left
thigh, there is a 3 centimeter long and 2 centimeter wide subcutaneous tumor.” 187
The expert witness Gutiérrez Hernández made no comment regarding the alleged
electric shocks. The Court also notes that in his statement rendered before notary
public the expert witness Jose Quiroga mentioned the decreased sensitivity in Mr.
Montiel Flores’ thigh. 188
129. With regard to the alleged blows to different parts of their bodies and
threats, Messrs. Cabrera and Montiel described different times at which these had
occurred. 189 Most of the examinations conducted by the Mexican authorities in
relation to the integrity of the alleged victims found that their physical condition
was good or normal (supra paras. 115 to 117). However, the expert opinion of
Messrs. Tramsen and Tidball-Binz concluded that the victims had scars and pain in
different parts of their bodies. 190 With respect to the arguments and evidence
related to the pain caused by the blows and the effects of threats, expert witness
Gutiérrez Hernández indicated that “pain […] is subjective information that cannot
185
Cf. Direct medical examination of Messrs. Cabrera and Montiel of October 7, 2001, supra note
159, page 1734.
186
Cf. Physicians for Human Rights- Denmark. Case of Messrs. Cabrera and Montiel, supra note
165, page 8380.
187
Cf. Physicians for Human Rights- Denmark. Case of Messrs. Cabrera and Montiel, supra note
165, page 8381.
188
Cf. Expert report rendered by expert witness José Quiroga before a public notary, supra note
173, page 1327.
189
In his affidavit, Mr. Cabrera García indicated the following: a)“they kicked [them], they hit
[him] with the rifle on the ear;” b) “they beat [him] in the ribs, they threw [him] down, and then hit
[him] on the buttocks, and told [him] ‘but the good part comes at night”; c) “they poured mineral water
in [his] nostrils, they tugged [him by] the hair, and d) “they placed [him] lengthwise, stood [him] up
and placed [him] again crosswise.” Cf. Affidavit rendered by Mr. Teodoro Cabrera García, supra note
147, pages 1192 to 1194. Moreover, in his statement before the Court in the public hearing in this case,
Mr. Montiel Flores reported, inter alia, that: a) on the day of the arrest, “a soldier quickly grabbed [him]
by the hair, threw [him] on the ground, and once [he] was lying on the ground, dragged [him] by the
hand, for about four or five meters, took [him] to the riverbank, and there he put his boot on [his] chest
and held the muzzle of the firearm to [his] head, at the base of the neck, and said he was going to blow
[his] head off with a single gunshot. Then they did the same to Teodoro, they tied [them] with [their]
hands behind [their backs] and made [them] cross the river, once they had crossed the river, [their]
feet were bound […] on the riverbanks they made [them] lie face-up in the full sun, and would not allow
[them] […] to sit, [they] were only lying face-down or face-up, so it was a torment for [them]”; b) on
the following day, “at night they made [them] form a cross with [their] own bodies, pointing to the four
cardinal points, they kept turning [their] heads; after [they] formed the cross, they were blindfolded,
[their] feet were untied and [they were made] to cross the river; they took [them] to another place,
when [they] got there, [their] blindfolds were removed, [he] could see that other men were there.”
Afterwards, “they shone a very blue light in [his] face and told [him] in a shrill voice to look at the
light.” Then, “they blindfolded [him] and dragged [him]; they leaned on [his] shoulders and knelt down
on [his] stomach; c) At the 40th Battalion, “the torture continued, [they] were beaten with sticks.” “At
night, [they] were taken to a room […], where [they] were beaten again, put in a vehicle […],made to
get out again, threatened again and then bags were piled up on [them] and the [soldiers] climbed on
top […] of [them], put their weapons to [their] heads and took [them] away, [telling them] that they
were taking [them] to jail.” Cf. Statement rendered by Mr. Rodolfo Montiel Flores at the public hearing,
supra note 177.
190
Cf. Physicians for Human Rights- Denmark. Case of Messrs. Cabrera and Montiel, supra note
165, pages 8380 and 8341.
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