18
[T]he physical injuries and psychiatric damage evinced by Ms. María Elena LoayzaTamayo are the direct aftereffects -consequences or results- of the various tortures
used on her during her detention and incarceration. The psychiatric disorders, which
manifested themselves subsequent to her release and compound those caused by the
prison torture, are, of course, an indirect consequence of that torture.
Finally, the expert’s diagnosis was that while some of the pain that the victim suffers
may eventually be relieved through prolonged therapy, some may be irreversible.
76.
On October 9, 1998, the Court received the report on the victim’s psychiatric
evaluation, prepared by Dr. Martín Cordero-Allary on instructions from the "Colegio
Médico de Chile". Dr. Cordero-Allary wrote down his observations and described his
examination of the victim. His diagnosis was that she suffers from "post-traumatic
stress syndrome as a consequence of systematic torture and rape. "
77.
On October 13, 1998, the Court received the psychiatric medical evaluations
of Gisselle Elena and Paul Abelardo Zambrano-Loayza, prepared by Dr. René FloresAgreda on instructions from the "Colego Médico del Perú". Dr. Flores-Agreda’s
reports included the family and personal background of the young people he
examined, and a description of their current problem and mental examination. Dr.
Flores-Agreda’s findings and recommendations were as follows:
a)
In the case of Gisselle Elena Zambrano-Loayza, he concluded that "she
is suffering from DEEP DEPRESSION and CHRONIC POST-TRAUMATIC STRESS
DISORDER” and therefore is in need of urgent psychiatric treatment to help
her overcome her present poor mental and emotional condition; " and
b)
In the case of Paul Abelardo Zambrano-Loayza, he concluded that "he
is suffering from CHRONIC POST-TRAUMATIC STRESS DISORDER, with strong
feelings of insecurity", and that "he must receive urgent psychiatric treatment
to help him deal with the traumatic experience he has had, overcome the
anxiety and depression he manifests, and, given his youth, prevent
undesirable personality traits from becoming permanently entrenched. "
78.
On November 13, 1998, Peru presented its observations on the medical
reports, which it challenged based on the following arguments:
a)
The time the experts had was not sufficient to conduct the kind of
tests that the Court had ordered;
b)
The reports were not prepared according to the standards set by the
World Heath Organization’s International Classification of Diseases (Tenth
Revision) (ICD-10) -Mental and Behavioral Disorders- clinical descriptions and
diagnostic guidelines, and by the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM-IV);
c)
The report submitted by expert Cordero-Allary is incomplete, not
objective and not serious; and
d)
When Dr. Robert von Bennewitz included psychological and psychiatric
evaluations in his report, he exceeded his sphere of competence, as he is not
a specialist in this area and was not commissioned by the "Colegio Médico de
Chile" for an opinion of that nature. Peru further argued that in the body of