16
The findings of the forensic examination and ballistics tests, combined with the
unmistakable signs of another case of the modus operandi used by agents of the State
security forces, are unequivocal proof that Hernán Lizcano was executed arbitrarily, in
violation of Article 4 of the American Convention..
44.
The Court will now turn its attention to the expert opinions upon which the
Commission bases its cases.
The first is the anthropological analysis and forensic examination ordered by the
Court. The Commission underscores one passage, cited earlier in this judgment
(supra paragraph 38). The report concerns a bullet that entered the victim’s body at
the right side of the neck and exited in the area of Hernán Lizcano Jacanamejoy’s
right abdomen. The trajectory of that bullet is a vertical descent. The expert report
explains the possible positions between the shooter and the victim that could cause
the bullet to follow that trajectory. It states the following:
This may presuppose that the shooter was above the victim, either at a higher height on
the ground or in the air, or that the victim was in a crouching position in relation to the
shooter.
It is self-evident that the passage allows for three possibilities. The experts do not
choose one over the others. Nor do they say that these are the only three
possibilities, because those given are by way of example.
45.
In response to the findings of the authors of the anthropological report and
the forensic report, on September 7, 2001 the Court ordered a study of the shrapnel
present in the remains of Hernán Lizcano Jacanamejoy. That study was done
through a chemical analysis that employed the technique of inductively coupled
plasma mass spectometry. Subsequently, the Commission suggested Mr. Héctor
Daniel Fernández serve as an expert to participate in the study. In the end, the
President gave authorization for Mr. Fernández to participate in the testing as an
observer (supra, paragraph 28).
Mr. Fernández prepared an “expert report” for the Inter-American Commission,
which was submitted as an appendix to the Commission’s brief of conclusions. Mr.
Fernández states the following:
Having carefully evaluated the findings, which are explained in detail in the respective
report (Field Mission QA-04590/2001), and replying on the technical and scientific
principles of this discipline, I have the following observations:
[…]
6.The fracture of the left forearm and left hand wounds appear to be from the
same shot that I labeled No. 1, which would make it obvious that the victim was in a
“KNEELING” position at the time he was shot. Obviously, the projectile that followed
that trajectory is the “pointed” bullet; the trajectory can be explained by the force and
aerodynamics characteristic of that type projectile.
Finally, my assertions are categorical, as I have done an exhaustive analysis of the
medical-legal report and of the minute details provided by the above-referenced study
using inductively coupled plasma mass spectometry (QA-04590/2001), whose
descriptive pictures are very vivid.
46.
An analysis of Mr. Fernández’ assertion shows that his remarks are not based
on any reasoned logic, and therefore lack any evidentiary value.