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first medical reports during Daniel Tibi’s detention period there is no clear definition
of the typology of the injuries on his skin. The injuries are described in medically
generic and non-specific ways. There is no establishment of possible causes of said
injuries, either. The report by a dermatologist hired by the French Embassy in
Ecuador during the alleged victim’s detention was more specific, and there was
follow-up on it. Mr. Tibi was also examined by an otorhinolaryngologist and a
traumatologist after his release, and the latter describes the injuries in two disk
hernias in the lumbar zone. There is a set of reports made during the period after
Mr. Tibi recovered his freedom; all those reports were made in France by various
experts or heads of clinical services in hospitals.
Forensic medical reports should have data on the patient’s general situation. In Mr.
Tibi’s case an anamnesis is lacking; this is a set of questions about whether he had
problems in the muscular-skeletal system, in the digestive, respiratory, neurological
systems, as well as an assessment of the possible origin of said injuries, and how to
prevent those situations.
He conducted a clinical interview with Mr. Tibi, and he reviewed testimony of several
persons in connection with the case. In his interview with the alleged victim he
corroborated that he coherently narrates the circumstances and the facts. There is
no exaggeration in his account regarding possible continuity of the torture sessions
or his various injuries; he does not attribute them all to mistreatment but to other
situations that he faced while he was detained.
As a result of his assessment, he was able to establish that there was a period
between February and April, 1996 when Mr. Tibi showed a number of quite serious
injuries, such as the sunken left malar, the loss of part of the upper teeth, and a
deviation of the nasal septum. Furthermore, in his medical examination of Mr. Tibi,
he photographed and identified at least five injuries that are cigarette burns. There
are many other injuries that he could not establish without a doubt whether or not
they were due to cigarette burns. Mr. Tibi also lost high-frequency hearing in his left
ear, and for lack of other risk factors, this shows very significantly that the
consequences in that ear have to do with the traumatic impact. Submersions in
water as a method of torture cause a very distressing feeling of asphyxiation, but to
not leave physical injuries, save for certain injuries of a very limited type, such as
pressure maneuvers on the neck, and some small hemorrhages in the ocular
sclerotic. Electric discharges on the testicles are a very important aggression in a
very sensitive part of the body.
The penitentiary service physicians conducted the first medical examination on Mr.
Tibi six months after suffering the more evident and serious injuries, which shows
that there was no minimum follow-up during that period regarding the health
conditions of the alleged victim. Mr. Tibi’s injuries were visible and it was obvious
that they required medical care. Lack of adequate medical treatment of injuries has
a major impact on the recovery process.
The physical pain suffered by Mr. Tibi due to the sunken malar could have lasted
until the surgical recovery of the bone and the nasal septum. The other pain
associated with cigarette burns and the other physical injuries might have taken two
to four months to cure with an antibiotic treatment, and much more without the
treatment. Mr. Tibi’s most obvious current physical limitations are his lumbar
problems and recurrent mobility problems from the two disk hernias. He suffers
hepatitis C and the existence of type B lymphoma. Mr. Tibi requires medical followup on these diseases.
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