48
123.
Apart from listening to Dr. Tramsen at the public hearing, the Court
received three expert opinions related to the allegations of torture, presented by
expert witnesses Gutiérrez Hernández, Deutsch, and Quiroga (supra paras. 25 and
26). In relation to the opinion prepared by the expert witnesses Dr. Tramsen and
Dr. Tidball-Binz, expert witness Gutiérrez Hernández concluded that “it is basically
an opinion that disregarded the necessary scientific basis, that only provided unreal
and subjective elements regarding the subject matter for which it was requested”
and that “it neither complied with the international guidelines established by the
Istanbul Protocol.”172
124.
For his part, expert witness Quiroga concluded that “[t]he violent methods
used during [the] detention and interrogation [of Messrs. Cabrera and Montiel] and
the findings of the physical examinations are consistent with each other, and
consistent with torture.”173 The State argued that the medical investigation was
performed “11 years and 28 days after the facts,” that “it did not take into account
the preexisting reports and medical certificates, and those contemporary to the
facts of the arrest of the people who are accused today,” and that it did not assess
certain factors such as “[t]he detainees’ probable physical resistance during the
arrest” and the contradictions in their statements.
125.
In the psychological expert report of Ana Deutsch, given before notary
public, Messrs. Cabrera and Montiel were diagnosed with symptoms of posttraumatic stress disorder and major depression, allegedly linked to the physical
harm stemming from the alleged torture which they would have been the victims
of.174
172
In addition, expert witness Gutiérrez Hernández indicated that “in the case of Mr. Teodoro
Cabrera, eight medical certificates had been prepared, all of which agreed in stating that he had no
physical injuries, […] the first two of these certificates only mentioned a stab wound located behind the
ear, […] that it was not recent, so that […] it already existed at the time of the arrest. In the specific
case of Mr. Teodoro Cabrera, therefore, there was never any injury compatible with acts of physical
torture. In the case of Mr. Rodolfo Montiel, for whom seven medical certificates were prepared […], the
first two medical certificates state the presence of two linear excoriations of 1 centimeter in length,
located on the forehead and that […] after performing the corresponding test, it was determined that,
due to the type of injury, its characteristics and its magnitudes, it was a very slight injury, that it is
definitely not compatible with the acts of torture that were being alleged.”.” Cf. Statement rendered by
expert witness Juana Ma. Gutierrez Hernandez at the public hearing, supra note 162.
173
Regarding Mr. Cabrera García specifically, he mentioned that “he has daily, moderate to severe,
headaches associated to emotional stress, consistent with a tension headaches diagnosis. He also
complains of chronic, recurrent lumbar (back) pain, aggravated by physical activity and the years since
he was arrested and beaten, which limits his work options.”.” In addition, “he has two scars in the
temporal region (ears), secondary to old wounds inflicted by a sharp instrument […] consistent with his
history of trauma caused by metal shards.” He also “has a scar on the chest, secondary to surgery to
remove a mass that is possibly related to the trauma.”.” Finally, “[t]he medical examination
demonstrates an atrophy of the right testicle […] consistent with testicular atrophy secondary to
trauma.”.” Concerning Mr. Montiel Flores, he indicated that “[h]e has reduced bilateral hearing acuity,
which has increased due to recurrent otitis that began during the period of detention.”.” In addition,
“Rodolfo suffers from chronic headaches, and chronic pain in the neck, shoulders and lumbar region.
Chronic pain is the most frequent symptom of severe trauma victims, and it is well documented in the
literature.” Also, “[t]he decline in hand strength has been gradual and began during the period of
detention.” “The decreased sensitivity in the anterior region of both thighs […] requires a neurological
evaluation.” Cf. Expert opinion rendered by expert witness Jose Quiroga by means of an Affidavit on
August 8, 2010 (record of evidence, volume III, folios 1316 to 1328).
174
Cf. Expert opinion rendered by expert witness Ana Deutsch by means of an Affidavit on August
8, 2010 (record of the merits, volume III, folios 1295 to 1304). Regarding this expert opinion, the State
pointed out that "[t]he analysis of the expert witness does not describe nor provide grounds for the
criteria mentioned in Annex 4 of the Istanbul Protocol.” Likewise, it mentioned that “[t]he expert opinion
does not contain a description and minimum basic information regarding the previous personality of the
patients, given that it disregards whether there are factors of said personality that have a bearing on or
determine, or if applicable, modify the described symptomatology.”.” Therefore, the State indicated that
all of the above denotes that this expert opinion "is not objective due to the fact that it uses and refers
to different evaluative or personal opinions and expressions, describing only those elements that are
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