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Costa Rica); and that, "[t]he videotape is of poor technical quality, with added putrefactive
phenomena, which makes it impossible to give a reliable assessment. We therefore
abstain from any comments" (Report of the General Division of Forensic Medicine of the
Technical Corps of the Judicial Police of Venezuela).
c.
In the report of proceedings drawn up on November 15, 1988, R. S. Wolfram, Police
Inspector detailed to the Technical Service of Investigations and Inspections of
Paramaribo, declares that "[a]s far as could be observed, no signs of external violence
were found on the body" of the victim.
d.
In the letter dated November 18, 1988, from the Minister of Foreign Affairs of the
Kingdom of the Netherlands to the Lower Chamber of the States General at The Hague,
which was submitted as proof by the Commission, it is stated that "[t]he post mortem
examination was carried out by a physician in good standing. According to reports, the
body did not exhibit any signs of physical violence."
53.
Despite the foregoing, the Court cannot fail to consider the fact that, during the public
hearing, the Commission introduced a new issue for consideration that had not been contained in
either its application or its memorial: the alleged existence of injuries to the testicles of the
victim, as described in the testimony given by the petitioner, Leo Gangaram Panday, and in the
forensic autopsy report on the victim signed on November 11, 1988, by Dr. M. A. Vrede,
pathologist. In that report, after certifying that the body showed no other peculiarities or signs of
extravasation, Dr. Vrede placed on record the fact that the scrotum exhibited "extravasation
on the left and right; more pronounced on the left side."
54.
In his personal testimony to the Court, Dr. M. A. Vrede, called as a witness by the
Government and having reference to the public viewing of the contents of the videotape of the
victim's body, stated the following, among other things:
There was damage to the skin but not to the testicles.
This hemorrhage [in the pubic area] could have been occasioned by violent blows [. . . ] brute
force, or by a blow to the area where the testicles and pubic parts are. The hemorrhaging in this area
was very superficial [. . .] It was a fresh hemorrhage that occurred shortly before death. This
hemorrhage must have presented itself shortly before death. It was a fresh hemorrhage.
55.
The forensic reports ordered by the Court from the Department of Forensic Medicine of the
Bureau of Judicial Investigations (OIJ) of Costa Rica and the Technical Corps of the Judicial Police
of Venezuela to furnish better proof, which contain a technical evaluation of all the evidence,
record observations of interpretative value regarding the alleged torture to which, according to
the Commission, the victim was subjected, as well as the alleged injuries to his scrotum, all of
which the Court has taken into consideration.
a.
The report of the OIJ of Costa Rica states the following:
The autopsy examination [. . .] described scrotal ecchymosis and hemorrhagic infiltration in the
prepubic fatty tissue, as well as congestion of the vessels of the seminal cord [and] [m]entioned postmortem (sic) eruptions of the skin which we interpret to be (based on our own translation from the
Dutch) cadaverous lividities.
[And, as for the lesions,] the ecchymosis in the pubis and scrotum, with a small internal
hemorrhage in the subcutaneous fatty tissue and congestion of internal structures in the genitals, points
to the mechanical effect of a traumatism that produced that simple contusion.
Diagnosis:
[. . .]