Acosta, "the officers had unanimously stated that at no time had they attacked or struck the detainee."55 He
added that "the officer who took down Ángel Acosta's statement pressured him to say whether the deceased
had been an epileptic."56
48.
Both Ángel Acosta and William Chagas went to the morgue to identify the body of José Delfín
Acosta and in their testimony both stated that they had noted bruising, bumps, and purple marks.57 Both Ángel
Acosta and William Chagas likewise declared that when the belongings of the alleged victim were returned
certain items were missing, such as the keys of his house.5859
49.
Ángel Acosta pointed out that when he got home he noticed that his brother's shirt showed no
signs of perspiration, while his pants had dark brown stains.60 Chagas also "mentioned that Acosta's shirt did
not smell of either sweat or tobacco [...]. That regarding the pants, the deponent said it had what looked like
black stains [...[61 Ángel stated that subsequently he had gone to the "Maluco Beleza" club and had been able
to talk to the Da Luz brothers, who told him that "the police had put guns to their head [...] Wagner told me that
they were not looking for my brother, they had gone in search of an armed man wearing a black leather jacket.
My brother, upon seeing all that from inside the bar, went out and identified himself as a Uruguayan national
residing legally in Argentina and told the police that their attitude toward those two men just because they
were black struck him as incorrect."62
1.
Autopsies performed on the body of José Delfín Acosta
50.
On April 5, 1996, Dr. José Ángel Patito, of the Forensic Medicine Team performed an autopsy
on the body of José Delfín Acosta, stating that he had died at 8:45 on the same day inside a SAME ambulance
when it was entering the Ramos Mejía hospital.63 The examination for trauma registered the following injuries:
In the right lower back a bluish ecchymotic bruise;
In the middle of the back at the first lumbar vertebra level, a bluish ecchymotic bruise;
In the interparietal area at the back of the scalp: three scabby abrasions;
On the ulnar edge of the middle third of the right forearm, a bluish ecchymotic bruise;
On the whole perimeter of the left wrist, two bluish ecchymotic stripes;
In the left front temporal area: a bruise measuring 2 x 3 cm.64
51.
The autopsy established "the cause of death of JOSÉ DELFÍN ACOSTA as: pulmonary edema.
Intrapulmonary bleeding."65
52.
In his statement before the Court of First Instance No. 10, Dr. José Ángel Patito pointed out
that "(...) the deceased was not found to have and external or internal injuries likely to cause death. Second,
traumatic injuries were found, none of which was likely to have causes death, and which were produced by a
blow or knocking with or against hard bodies or surfaces. […] [...]. Third [...] he recognized as one of the causes
the action of neurotoxic substances, [...]; the results of toxicological or histopathological exams were still
pending [...]".66
Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition.
Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition.
57 Appendix 29. Statement of Carlos William Chagas on April 10,1996 and statement of Angel Acosta on April 22, 1996. Attached to the
initial petition.
58 Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition.
59 Appendix 26. Statement by Angel Acosta Martínez on April 5, 1996. Attached to the initial petition.
60 Appendix 27. Statement by Angel Acosta on April 22, 1996. Attached to the initially lodged petition.
61 Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition.
62 Appendix 27. Statement by Angel Acosta on April 22, 1996. Attached to the initial petition.
63 Appendix 30. AUTOPSY NO. 673/- Time 8.45 (P-1877/96) on April 5, 1996. Attached to the initial petition.
64 Appendix 30. AUTOPSY NO. 673/- Time 8.45 (P-1877/96) on April 5, 1996. Attached to the initial petition.
65 Appendix 30. AUTOPSY NO. 673/- Time 8.45 (P-1877/96) on April 5, 1996. Attached to the initial petition.
66 Appendix 31. Statement by José Angel Patito on April 8, 1996. Attached to the initial petition.
55
56