78
preservation of the crime scene,323 destruction of evidence,324 and preservation and
analysis of evidence.325
(b)
Irregularities in the performance of autopsies
308. The representatives alleged that the conclusions regarding the cause of death of
the victims are unclear and uncertain. They also stressed that the authorities did not
order the appropriate tests; moreover, they took samples of organs to perform tests,
but there is no indication of the results of these tests or the location of the sample.
309. The State acknowledged “[t]he inappropriate procedure used to identify the
bodies and to determine the cause of death.”
310. The Court underscores that the purpose of an autopsy is, at the very least, to
gather information to identify the dead person, and the hour, date, cause and form of
death. An autopsy must respect certain basic formal procedures, such as indicating the
date and time it starts and ends, as well as the place where it is performed and the
name of the official who performs it. Furthermore, inter alia, it is necessary to
photograph the body comprehensively; to x-ray the body, the bag or wrappings, and
then undress it and record any injuries. Any teeth that are absent, loose or damaged
should be recorded, as well as any dental work, and the genital and surrounding areas
examined carefully to look for signs of rape. When sexual assault or rape is suspected,
oral, vaginal and rectal liquid should be preserved, as well as any foreign hair and the
victim’s pubic hair.326 In addition, the United Nations Manual indicates that the autopsy
report should note the body position and condition, including whether it is warm or
cold, supple or rigid; the deceased’s hands should be protected, the ambient
temperature noted, and any insects present collected.327
311. In this case, an EAAF expert who analyzed the autopsy of Esmeralda Herrera
indicated that it was incomplete; that it failed to mention the skeletal injuries and
absence of skin, and omitted tests to determine other evidence. The degree of
decomposition was not described, or the macroscopy of the internal organs, and the
cranium was not examined; that is, there was no opening in it.328 The photographs or
radiographs that should have been taken were not attached to the autopsies, and
there was no reference to them.329 Based on the evidence available to the Tribunal,
similar conclusions can be reached as regards the other autopsies.330 In addition, there
is no record of any specific tests having been carried out to look for evidence of sexual
assault, which is particularly serious owing to the proven context in this case and to
the characteristics of the bodies when they were discovered (supra para. 212).
312. The Court finds that this negligence is not isolated, but forms part of a context
in Ciudad Juárez in which, “[i]n most of the case files analyzed, there is no evidence
that an expert appraisal was requested – nor was one added to the file during the
323
Cf. Report of the United Nations Committee of International Experts, supra note 76, folio 1900, and
Report on Mexico produced by CEDAW, supra note 64, folio 1929.
324
Cf. Report on Mexico produced by CEDAW, supra note 64, folio 1929.
325
Cf. testimony of witness Doretti, supra note 141, folio 2326.
326
Cf. Manual on the Effective Prevention and Investigation of Extralegal Executions, supra note 310.
327
Cf. Manual on the Effective Prevention and Investigation of Extralegal Executions, supra note 310.
328
Cf. testimony given by expert witness Bosio before notary public on April 15, 2009 (merits case file,
volume VI, folio 2279).
329
Cf. testimony of expert witness Bosio, supra note 328, folio 2378.
330
Cf. autopsy certificates, supra note 239.
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