43 denoting falsehood or lack of truthfulness in the testimony.149 In particular, the Court observes that, in the different statements given by Messrs. Cabrera and Montiel, the main circumstances are consistent. In this regard, this Court notes that, as the statements were expanded, the victims described more details concerning the alleged torture, but the general framework of their account is consistent as from the statements given on May 7th, 1999, before the first instance court. Therefore, in order to analyze each of the alleged tortures reported by Messrs. Cabrera and Montiel during their statements, the Court continues with the examination of the medical certificates and expert opinions that are in the case file. 1.2. Medical certificates in the case file 114. The Court notes that, in the instant case, 14 medical certificates were issued regarding Messrs. Cabrera and Montiel on three occasions: at the beginning of the criminal investigation, during the criminal proceedings conducted against them and when they were released due to humanitarian reasons. These certificates had three objectives: the certification of the physical integrity, the verification of the physical and mental condition in the enforcement of the judgment and the compatibility between age, health and physique of Messrs. Cabrera and Montiel with the sentence imposed. 115. Indeed, as part of the criminal proceeding conducted against the victims, certain military and civil officials issued medical certificates or records on their physical integrity. Next, the Court makes a recount of the certificates: a) certificate of May 4, 1999, issued by an assistant military surgeon, attached to the Regional Military Hospital of Chilpancingo, Guerrero150 and a medical examiner of the Judicial District in Arcelia, Guerrero;151 b) certificate of May 6, 1999, issued by a forensic 149 Paragraph 142 of the Istanbul Protocol provides that: “[T]orture survivors may have difficulty recounting the specific details of the torture for several important reasons, including: (a) Factors during torture itself, such as blindfolding, drugging, lapses of consciousness, etc.; (b) Fear of placing themselves or others at risk; (c) A lack of trust in the examining clinician or interpreter;(d) The psychological impact of torture and trauma, such as high emotional arousal and impaired memory, secondary to trauma-related mental illnesses, such as depression and post-traumatic stress disorder (PTSD); (e) Neuropsychiatric memory impairment from beatings to the head, suffocation, near drowning or starvation; (f) Protective coping mechanisms, such as denial and avoidance and (g) Culturally prescribed sanctions that allow traumatic experiences to be revealed only in highly confidential settings.”.” The Protocol also establishes, when defining post-traumatic stress disorders in cases of torture, that in some cases “[u]nder such circumstances, the inability to recall precise details supports, rather than discounts, the credibility of a survivor’s story. Major themes in the story will be consistent upon re-interviewing.”.” Cf. United Nations. Istanbul Protocol. Manual for the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment, August 9, 1999, para. 142. 150 This doctor “attested to the physical integrity” of the alleged victims. In the case of Mr. Teodoro Cabrera, he indicated that: “he has [one] stab wound in the left retro-auricular region, an injury that was not life-threatening and which would take less than fifteen days to heal; there were no signs anywhere on the body of any recent injury caused by beatings or torture.”.” Regarding Mr. Montiel Flores, he indicated that: “[there] were no signs anywhere on the body of any recent injury caused by beatings or torture.”.” Cf. Legal medical certificates of Messrs. Cabrera and Mr. Montiel issued by a military medical surgical Officer Lieutenant of the Mexican Army on May 4, 1999 (Preliminary Inquiry N° CUAU/01/119/999) (record of annexes to the application, volume XI, folios 4216 and 4217). 151 Regarding Mr. Teodoro Cabrera, the doctor indicated that: “he has one stab wound in the left retro-auricular region. Vital signs within normal limits, with oculo-motor reflexes responding well to light stimuli; there are no signs of violence and no visible bruising from blows. Conclusion: Teodoro Cabrera García presents with good physical integrity, without any signs of violence; he has one injury that is not recent in the retro-auricular region.”.” Regarding Mr. Montiel Flores, he indicated that: “his “vital signs [are] within normal limits, with oculo-motor reflexes responding well to light stimuli, without any signs of violence, […] two (2) excoriations in the middle portion of the frontal region. Conclusion: Rodolfo Montiel Flores presents with good physical integrity, without any signs of violence.”.” Cf. Physical integrity examinations of Messrs. Cabrera and Mr. Montiel issued by a forensic physician of the Judicial District of Arcelia on May 4, 1999 (Preliminary Inquiry N° CUAU/01/119/999) (record of annexes to the application, volume XI, folios 4216 and 4217).

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