50
testicles while they were detained at the banks of Pizotla River.177 In this regard,
the Court notes that even though in the medical certificates issued by the Mexican
authorities regarding the physical integrity of the victims, it was mentioned some
injury to their testicles as a result of the arrest (supra paras. 114 to 120), the
expert opinion of Dr. Tramsen and Dr. Tidball-Binz concluded, in relation to Mr.
Cabrera, that “[t]he right testicle is retracted and reduced to half the size of the
left testicle,”178 while, in the case of Mr. Montiel, it was indicated that his testicles
were in normal condition.179 Furthermore, it is worth emphasizing that the
conclusions of the opinion of expert witnesses Tramsen and Tidball-Binz
significantly coincide with those contained in the examination issued upon the
release of Messrs. Cabrera and Montiel (supra para. 117) and with the expert
opinion presented by expert witness Quiroga,180 given that the latter indicated that
“[t]he medical examination demonstrates an atrophy of the right testicle that was
previously described in the physical examination of Physicians for Human Rights in
July 2000.”181 Notwithstanding the foregoing, expert witness Gutierrez Hernández
associated these last conclusions to degenerative problems of old age of the victims
and cholesterol related problems.182
128.
On the other hand, the Court notes that during the domestic criminal
proceeding, only Mr. Montiel indicated that “they got him wet to give him [electric]
shocks during short periods of time.”183 Notwithstanding the foregoing, the
representatives stated that Mr. Cabrera Garcia received electric shocks in the left
thigh. In this respect, the Tribunal emphasizes that electric shocks are a method of
torture different from others due to the fact that it is difficult to determine if it was
applied, since it is possible to use mechanisms to leave no visible marks.184 In the
medical examination that was performed when the victims were leaving jail, it was
indicated that in Mr. Montiel’s case there was a “dermatome area of insensitivity”
177
Hence, in his sworn statement before public notary, Mr. Cabrera García indicated that, after the
blows he received, “[his] genitals hurt a lot, […] they were very swollen, [he] could not keep [his] legs
either open or closed.” Cf. Statement rendered by Teodoro Cabrera Garcia before a public notary, supra
note 147, folios 1194. For his part, in his testimony given before the Tribunal at the public hearing held
in this case, Mr. Rodolfo Montiel stated, inter alia, that one of the soldiers “pulled down [his] pants and
underpants and they pulled […] [his] testicles” and that “at times, he lost consciousness.” Cf. Statement
rendered by Mr. Rodolfo Montiel Flores at the public hearing held in this case.
178
Cf. Physicians for Human Rights- Denmark. The case of Messrs. Cabrera and Montiel, supra
note 165, folio 8381.
179
Cf. Physicians for Human Rights- Denmark. The case of Messrs. Cabrera and Montiel, supra
note 165, folio 8380.
180
Expert witness indicated that Mr. Cabrera Garcia presented “a normal penis, an atrophied right
testicle, and a normal left testicle.”.” The atrophy “was confirmed during [his] physical evaluation and
documented with an ultrasound of the testicular region in May 2010. The atrophy of the right testicle is
consistent with testicular atrophy secondary to trauma.”.” Regarding Mr. Montiel Flores, he stated that
his “penis [was] normal [as well as] his testicles.” Cf. Expert report rendered by expert witness Jose
Quiroga before a public notary, supra note 173, folios 1318, 1319 and 1326.
181
Cf. Expert report rendered by expert witness Jose Quiroga before a public notary, supra note
173, folio 1319.
182
Cf. Expert opinion rendered by expert witness Juana Ma. Gutiérrez Hernández at the public
hearing, supra note 35.
183
184
Cf. Statement rendered by Mr. Rodolfo Montiel Flores at the public hearing, supra note 177.
To this end, the Istanbul Protocol provides that “[s]ome forms of torture such as electrical
shocks or blunt trauma may be initially undetectable, but may be detected during a follow-up
examination.”.” However, “the type, time of application, current and voltage of the energy used cannot
be determined with certainty upon physical examination of the victim. Torturers often use water or gels
in order to increase the efficiency of the torture, expand the entrance point of the electric current on the
body and prevent detectable electric burns […].”.” Cf. Istanbul Protocol, supra note 149, paras. 174 and
211.
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