39
hearing, Dr. Garré mention that this injury was not a “consequence […] of prison itself [or]
of the detention, but because preventive or curative measures were not applied at the
appropriate time.” Dr. Ziella established that the cause was the “[u]se of inadequate
footwear over a prolonged period and the effect of excess humidity in the environment.”
Both expert witnesses agreed that Mr. Bayarri needs surgery on both feet.131 It is also clear
from Dr. Garré’s expert appraisal that Mr. Bayarri “[l]acks molars and pre-molars in the
upper and lower jaw [which] has led to a loss of his ability to masticate [and] he can only
use his incisors to bite but not to masticate.” The expert witness mentioned that there is
evidence that the victim “[e]ntered the prison service with his teeth complete [and that,] if
there had been an adequate dental service where each tooth had been treated, very
probably he would not have [lost his teeth].” He indicated, that as a medical solution, Mr.
Bayarri “[r]equires a replacement treatment, implants and several prosthesis in his mouth,
because the few teeth that remain [7 or 8] are in very bad condition.” Regarding whether a
public or a private hospital should provide treatment, during the public hearing, the expert
witness, Dr. Garré stated that even though “the medical system in Argentina is excellent
[…] in general, unless the illness is an emergency, the wait for an appointment […] is
extremely long and, in the case of some hospitals, can be measured in years”; he indicated
that if the treatment were provided by private services it would be immediate. He also
mentioned that in Argentina “there is a considerable backlog for dental treatments.”
138. Regarding the psychological and psychiatric harm, Dr. Aviel Tolcacher, expert
witness offered by the State, concluded that the victim suffered from “post traumatic stress
syndrome [and that] he had been exposed to a traumatic event during which there were
[…] threats to his physical integrity [and that] he responded with intense fear and
horror.”132 Dr. Susana E. Quiroga reached similar conclusions, and added that this is a
chronic problem produced by torture and by the 13 years that he was deprived of his
liberty; she therefore recommended “[i]mmediate and very frequent psychotherapeutic
treatment [more than twice a week] over a long period [which could be for as long as he
lives], by highly-qualified professionals […].”133 Furthermore, when questioned during the
public hearing (supra 7) about the possibility that the psychological treatment be provided
by State hospitals, the expert witness indicated that [Mr. Bayarri] would be “given an
appointment in about two or three months’ time to see him once a week” and that he
“would be attended by a young professional who was doing his residency and still learning.”
She emphasized that Mr. Bayarri required “[p]rofessionals with considerable experience
[…]” and that this type of treatment is very expensive.
139. The expert medical appraisals carried out in the instant case show that there was a
relationship of cause and effect between the victim’s injuries and the facts denounced.
Indeed, the blows inflicted on Mr. Bayarri and the injuries they caused to his ears (supra
para. 87), particularly the right ear, were not treated properly while he was deprived of
liberty in the State’s custody and, consequently, they degenerated to their current
makes it impossible for him “to jump.” Cf. expert appraisal provided during the public hearing, supra para. 7. Dr.
Juan Carlos Ziella concluded that the victim “[s]uffers from degenerative arthritis of both metatarsal phalangeal
articulations, with their destruction [and that] these articulations have minimum functionality, but the residual
mobility – when walking – causes intense pain.” Cf. written expert appraisal (merits file, tome V, folio 1048).
131
Dr. Luis Eduardo Garré indicated that Mr. Bayarri requires an operation in order to have “[a] normal life
for [his] age.” Cf. expert appraisal provided during the public hearing, supra para. 7. While Dr. Juan Carlos Ziella
considered that “[t]he therapeutic solution for the pain is arthrodesis (surgery to immobilize both articulations), at
the expense of eliminating their functionality (rigidity).” Cf. written expert appraisal (merits file, tome V, folio
1048).
132
Expert appraisal provided by Dr. Aviel Tolcacher (merits file, tome V, folio 1054).
133
Written expert appraisal provided by Dr. Susana E. Quiroga, psychologist (merits file, tome V, folio 1000-
20).