44
physician attached to the Mina Judicial District, who resides in Coyuca de Catalán,
Guerrero;152 c) record of May 15, 1999, issued by an inspector from the
Commission for the Defense of Human Rights in Guerrero (Coddehum),153 and d) a
certificate of June 4, 1999, issued by a medical expert witness from the NCHR who
appeared at the facilities of the Social Welfare Center in Coyuca de Catalán,
Guerrero.154
116.
During the criminal proceeding in which Messrs. Cabrera and Montiel were
convicted, three (3) certifications regarding their health condition were issued: a)
on September 23, 1999, by medical expert witness from the NCHR regarding Mr.
Montiel Flores;155 b) on May 19, 2000, by a medical expert witness from the
NCHR,156 and c) On July 6, 2000, by a medical expert from the NCHR for Mr.
Montiel Flores.157
152
The doctor issued two (2) medical certificates of physical integrity, concluding in each case that
the alleged victims were “physically and mentally sound.”.” Cf. Medical certificates of physical integrity
of Messrs. Cabrera and Montiel issued by a medical examiner attached to the Judicial District of Mina on
May 6, 1999 (Preliminary Inquiry N° CUAU/01/119/999) (record of annexes to the application, volume
XI, folios 4274 to 4276).
153
On the basis of a visit to the Social Readaptation Centre where the alleged victims were held,
the visitor asserted that she had found Messrs. Cabrera and Montiel with several “bruises,” and she
indicated that they both mentioned that the injuries were “the result of the blows given by the public
servants indicated as responsible [for the arrest].”.” Cf. Commission for the Defense of Human Rights of
the State of Guerrero (Coddehum), Detailed Affidavit CRTC/CODDEHUMI03111999- May 1 to 15, 1999
signed by the Coddehum Regional Coordinator (record of annexes to the application, volume X, folios
4006 to 4007).
154
This “in order to perform [a] medical, psychophysical and injury examination.”.” One (1)
certificate for each alleged victim was issued, concluding that they did have injuries and that these
“were caused more than fifteen days ago, but less than 30 days ago.”.” Regarding Mr. Cabrera Garcia:
EXTERNAL INJURIES: One centimeter, irregularly formed, star-shaped excoriation, covered with hematic
scabs, located on the right lateral side of the neck, below the retro-auricular region on the same side; in
the right temporal region, covered with hair, a slight, five by five millimeters, painless elevation
(probably a lipoma) of considerable variation is palpable. COMMENT: the injury that [he] presents was
caused more than fifteen days ago but less than 30 days ago. Regarding Mr. Montiel Flores: EXTERNAL
INJURIES: 0.5 centimeter, irregularly formed excoriation, covered with hematic scabs, located on the
side of the proximal lateral third of the right thigh. COMMENT: The injury that [he] presents was caused
more than 15 days ago but less than 30 days ago.”.” Cf. Medical certificates of the psychophysical
condition and injuries of Messrs. Cabrera and Montiel issued by a medical expert of NCHR on June 4,
1999 (Record 99/2336) (record of the merits, volume IV, folios 2053 to 2056).
155
The doctor issued a certificate in the Social Rehabilitation Center of Iguala, Guerrero,
indicating, inter alia, that “the left testicle [of Mr. Montiel Flores] [had] increased in volume with
significant pain on palpation (apparently simulated by the patient since the vital signs present no
alterations).” He concluded that “the pathology presented […] had been diagnosed and treated properly
and in a timely manner since its first appearance.” Cf. Medical health certificate of Mr. Rodolfo Montiel
issued by a medical examiner of the NCHR on September 23, 1999 (record of annexes to the
application, volume XI, folios 4403 to 4404).
156
The expert opinion was issued following media reports on “the inappropriate treatment
provided by the medical staff” at the Iguala Social Rehabilitation Center. In this respect, it concluded
that “they presented a normal state of consciousness […] no signs of external injuries […] with a normal
psychophysical condition. […] Regarding Mr. Teodoro Cabrera García, it is established that the surgery
performed by the specialist removed a small lipoma, located in the paravertebral region to the left of the
midline, with neither consequences nor sequelae (it was not a cancerous tumor as maintained by the
injured person) [...]: masculine patient in good general condition, to whom hygienic-dietary measures
are recommended and he does not warrant medical and/or surgical treatment.”.” Cf. Medical and
Psychophysical Certificate of Messrs. Cabrera and Montiel, issued by a medical expert from the
Coordination of Expert Services of the NCHR on May 19, 2000 (record of annexes to the application,
volume V, folios 1713 to 1719).
157
One (1) medical certificate regarding Mr. Cabrera García was issued, in which it was indicated
that his “psychophysical condition [was] normal.” Cf. Medical Psychophysical Certificate of Mr. Montiel
Flores, issued by a medical expert from the Coordination of Expert Services of NCHR, on July 6, 2000
(record of annexes to the application, volume V, folios 1642 to 1643).
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