54. On April 19, 1996, the Histo-Cytopathology Laboratory of the Judicial Morgue rendered
its anatomic-pathological report with the following conclusions “1. Pulmonary congestion
and hemorrhage. Food aspiration. Birefringent crystals that polarize light in bronchi and
alveoli. 2. Subcutaneous hemorrhage in the lumbar region. 3. Passive renal congestion.
Myoma of the spinal cord. 4. Diffuse brain congestion and edema.”65
55. In the autopsy report of April 22, 1996, based on the toxicological examinations and
the anatomic-pathological report, it was concluded that “death occurred due to the
combined effects of ethyl alcohol and cocaine, since, when ingested together, they produce
the compound called ethylenecocaine […] as a final conclusion, it can be stated then that
the death of JOSE DELFIN ACOSTA was due to severe poisoning from cocaine and ethyl
alcohol.”66
56. José Delfín Acosta Martínez’s body was repatriated to Uruguay. There, a case was
opened, allowing for a second autopsy to be conducted.67 On November 15, 1996, a Forensic
Board made up of three doctors presented its report on the autopsy of José Delfín Acosta
Martínez, conducted on April 5, 1996. It describes a series of traumatic injuries and
concludes that "the cause of death cannot be determined by this second autopsy [since]
due to the time elapsed and the absence of organs, the toxicological study could not be
corroborated." Upon analyzing the Argentine toxicological test, the board determined that
"the figures documented for the dosage of alcohol and cocaine in the blood are high enough
to allow for the conclusion that as of the time of death, they were much higher" and that
the results would indicate that Acosta Martínez "was in a coma at the time of his arrest."68
57. The performance of this second autopsy enabled Mr. Acosta Martínez’s relatives to ask
the investigating judge in Argentina to reopen the case. The formation of a medical review
board was therefore ordered, composed of three doctors from the Forensic Medical Corps
and one outside expert doctor. On June 26, 1998, this Medical Review Board presented its
report in which it concluded, among other things, that “he would not necessarily have been
unconscious at the time of his arrest, since a blood alcohol level of 2.80 grams per thousand
is associated with depression of the central nervous system, whereas cocaine is a stimulant
that excites the central nervous system"69 and that it can be concluded from “reading the
two autopsies that the traumas described therein are the result of a blow or collision with a
hard object, and it is not possible from a medical perspective to expand on that analysis.”70
The outside expert doctor gave his report in which he detailed that “as to whether José
Delfín Acosta Martínez was unconscious or conscious at the time of the arrest, it is not
possible to determine this based on the amount of drug found in his body, since this it is
closely related to the time at which he ingested the cocaine.”71 Likewise, with respect to the
Pathological Anatomy Report No. 17256 of April 19, 1996 of the Andíomo Histo-Cytopathology
Laboratory of the Judicial Morgue (evidence file, folio 243).
65
66
Cf. Autopsy Report No. 673/96 of April 22, 1996 (evidence file, folio 246).
Cf. Official Letter No. 266 issued by the Thirteenth Criminal Trial Court on October 2, 1996 (evidence
file, folio 1233).
67
68
Cf. Report of the Medical Board (Uruguay) issued on November 15, 1996 (evidence file, folio 250).
69
Cf. Report of the Medical Board of June 26, 1998 (evidence file, folio 277).
70
Cf. Report of the Medical Board of June 26, 1998 (evidence file, folios 279 to 280).
71
Report of H.R.N., outside medical expert, undated (evidence file, folio 284).
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