15
Baltaro, anatomical pathologist, dated February 4, 1990, issued at the request of Professor
Claudio Grossman, adviser to the Commission; the forensic report of the Department of
Forensic Medicine of the Bureau of Judicial Investigations of Costa Rica issued in
November, 1992; the expert forensic testimony prepared by the General Division of
Forensic Medicine of the Technical Corps of the Judicial Police of Venezuela;
the
photographs of the victim's hanging body).
58.
As for the etiology of the death of Asok Gangaram Panday in support of a probable
hypothesis of homicide, as suggested by the text of the Commission's memorial which states that,
"on March 20, [1990], Professor Grossman sent to the Commission a copy of Dr. Vrede's
certificate dated November 14, 1988, in which he indicates that Asok Gangaram Panday died as a
result of asphyxia caused by violence" (underlined by the Court), the records show no evidence in
this regard.
59.
The death certificate for purposes of cremation includes the statement of the forensic
doctor that "the victim died a violent death" and also indicates that the certificate was issued on
the basis of a model or standard form used by the Anatomical Pathology Laboratory of the
Academic Hospital of Paramaribo and that another copy, attached to the record, states the
contrary, that is, "it is not a case of violent death." Since it has already been determined that the
cause of death of Asok Gangaram Panday was asphyxia resulting from hanging, it follows that his
death could hardly be certified as non-violent, that is, brought on by natural causes.
60.
Suicide is the most probable hypothesis contained in the record, and has been endorsed by
the Department of Forensic Medicine of the Bureau of Judicial Investigations of Costa Rica and by
the expert forensic testimony of the Technical Corps of the Judicial Police of Venezuela. The
latter's testimony reads as follows:
On the basis of the total lack of physical violence, the position of the body when it was found, the
characteristics of the noose and its position relative to the washbasin, the apparent lack of lesions in the
larynx or trachea, except for 'hemorrhage in the neck muscles' and the presence of congestion and
pulmonary edema, we conclude that the cause of death was: 'MECHANICAL ASPHYXIA BY HANGING,
SECONDARY TO VASOVAGAL SYNDROME OR ACUTE CEREBRAL CIRCULATORY INSUFFICIENCY
RESULTING FROM COMPRESSION OF THE JUGULAR VEINS AND/OR CAROTID ARTERIES. THE EVIDENCE
PRODUCED FOR THIS EXAMINATION: PHOTOGRAPHIC MATERIAL AND AUTOPSY REPORT, FAVOR
SUICIDE AS THE REASON.' (Capitals in the original.)
61.
The Court considers that although it is true that the record contains sufficient elements to
support the finding that the death of Asok Gangaram Panday was caused by hanging, there is no
convincing proof on the etiology of his death that would make it possible to attribute responsibility
for that death to Suriname. The above conclusion is in no way modified by the fact that the
Agent of the Government
admitted in his countermemorial that the victim's mood had been
affected by his expulsion from the Netherlands and that this psychological condition had been
intensified by his detention. In effect, to deduce from such a statement any type of admission of
responsibility by the Government is to strain logic. It is, however, possible to conclude from it
that other factors that occurred prior to his detention also affected the victim's state of mind.
62.
Nevertheless, it could be argued that the fact that the Court, by inference, considers that
the victim's detention was illegal, should also lead it to conclude that there was a violation of the
right to life by Suriname on the grounds that, had Suriname not detained that person, he
probably would not have lost his life. However, the Court believes that on the matter of the
international responsibility of States for violations of the Convention
[w]hat is decisive is whether a violation of the rights recognized by the Convention has occurred with the
support or the acquiescence of the government, or whether the State has allowed the act to take place
without taking measures to prevent it or to punish those responsible. Thus, the Court's task is to