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description of the corpse during the examination, when determining the probable
cause of the death, and also due to the lack of the mandatory medicolegal autopsy
which was necessary to determine the cause of the death or, at least, to establish
the probable cause of death with more certainty. No thorough and detailed
independent medical examination performed by a qualified physician was made
either; d) there is an insufficient description of the findings in the record of the
examination of the corpse and the lack of an autopsy does not allow to make
scientifically based representations to determine with certainty the time, cause or
manner in which the death occurred, nor does it establish the presence or absence of
signs that might suggest or indicate torture or inhumane treatment; e) it is not
possible to determine the cause of the death; however, “it is possible to conclude
that the injuries observed in the bone remains are consistent with traumatic wounds
that might suggest torture;” f) as regards the handling of the pieces of evidence,
there is no information recorded; and g) no photographic evidence was recorded
during the examination of the corpse, “which evidence is necessary and appropriate.”
Lastly, she made reference to the general recommendations for all medico-legal
investigations of deaths, such as the implementation of processes that may
guarantee scientific-criminal guidelines; the application of principles of
“documentation” and “preservation”, which constitute the basis for medico-legal
investigation, the design and implementation of guides or manuals, as well as the
creation of checklists, designed to standardize the processes for gathering
information.
2.
José Pablo Baraybar-Do
archaeologist
Carmo,
forensic
anthropologist
and
According to the first case of torture documented from bone remains, the following
conditions must be determined to make a differential diagnosis of torture on the
basis of bone remains: a) the wounds in the thoracic cavity and vertebral column; b)
the wounding mechanism must typically be of a low charge, and the non-costal
wounds must be attributable to specific agents, such as, for example, fractures in the
arms or legs that might suggest defense; c) presence of fibrous bone proliferation in
the areas surrounding the fractures that indicate the incipient formation of callum,
conferring certain diachrony to the wounds; and d) the above described wounds,
when they can be associated, allow to affirm the existence of torture as the most
probable scenario; if not all of them can be associated, the scenario becomes
possible and not conclusive. Only a fraction of the wounds caused by torture or
mistreatment affect the bones. Therefore, it is important to make a detailed
observation of the structures of the body that are more exposed, such as the ribs,
which seem to be the favorite of those who commit torture.
The Expert’s opinion was based on the revision of the report “Expert opinion in the
case of Bernabé Baldeón-García” prepared by the EPAF.
Pursuant to the description made in such report, in the instant case two kinds of
wounds were found, firstly, wounds to the thoracic cavity affecting ribs and sternum,
and secondly wounds in the neck and cranial base area. Regarding the first group of
wounds, the report describes a series of wounds around the sternum and ribs that is
associated to “anterior-posterior compression of the thorax in the right area next to
the fractures.” Upon the observation of the photographs attached to the report, it