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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