51
“of 5 cm” in the right thigh.”185 Likewise, in Dr. Tramsen’s and Dr. Tidball-Binz’s
opinion, it was indicated that “[i]n the center of the upper lateral side of [Mr.
Montiel Flores’] right thigh, [there is] a 5 centimeter long and 3 centimeter wide
subcutaneous tumor with no skin depigmentation. There is no sensitivity in this
area.”186 On the other hand, regarding Mr. Cabrera Garcia, they certified that “in
the left thigh, there is a 3 centimeter long and 2 centimeter wide subcutaneous
tumor.”187 Expert witness Gutiérrez Hernández did not refer to the alleged electrical
shocks. Also, the Court notes that in the declaration before notary public rendered
by expert witness José Quiroga, he mentioned the decreased sensitivity in Mr.
Montiel Flores’ thigh.188
129. About the alleged blows to different parts of their bodies and threats,
Messrs. Cabrera and Montiel described different moments in which these had
happened.189 Most of the tests conducted by the Mexican authorities in relation to
the integrity of the alleged victims found that their physical condition was good or
normal (supra paras. 115 to 117). Nevertheless, the expert opinion of Messrs.
Tramsen and Tidball-Binz concluded that the victims presented scars and pain
located in different parts of their bodies.190 Regarding this type of arguments and
evidence related to the pain caused by some blows and the effect of threats, expert
witness Gutiérrez Hernández indicated that “pain […] is a subjective piece of
information that cannot be seen.”191 Regarding this affirmation, this Tribunal refers
185
Cf. Direct medical examination of Messrs. Cabrera and Montiel of October 7, 2001, supra note
159, folio 1734.
186
Cf. Physicians for Human Rights- Denmark. The case of Messrs. Cabrera and Montiel, supra
note 165, folio 8380.
187
Cf. Physicians for Human Rights- Denmark. The case of Messrs. Cabrera and Montiel, supra
note 165, folio 8381.
188
Cf. Expert report rendered by expert witness Jose Quiroga before a public notary, supra note
173, folio 1327.
189
In his sworn statement before public notary, Mr. Cabrera García indicated the following: a)“they
kicked [them], they hit [him] with the rifle on the ear;” b) “they hit [him] in the ribs, they threw [him],
and then hit [him] on the buttocks, and told [him] ‘but at night, there would be good things’”; c) “they
poured sparkling water in [his] nostrils, they pulled [him by] the hair, and d) “they placed [him]
lengthwise, they picked [him] up and they placed [him] again forming a cross.”.” Cf. Statement
rendered by Mr. Teodoro Cabrera Garcia before the public notary, supra note 147, folios 1192 to 1194.
Moreover, in his statement before the Tribunal at the public hearing held in the instant case, Mr. Montiel
Flores pointed out, inter alia, that: a) the day of the arrest, “a soldier rapidly pulled [him] by the hair,
threw [him] on the ground, and once [he] was already lying on the ground, he dragged [him] by the
hand, like for four or five meters, he took [him] to the riverbank, there he put his boot on [his] chest
and the firearm’s muzzle on [his] head, at the bottom of the nape and he told [him] that he was going
to blow [his] head off with a single gunshot, then they did the same to Teodoro, they tied [them] with
[their] hands behind [them] and they made [them] cross the river, once the river was crossed they
bound [their] feet […] on the beachside under the sun and they made [them] lie face-up, they would
not allow [them] […] to sit, [they] were only lying face-down or face-up, and so it was a torment for
[them]”; b) on the following day, “at night they made [them] form a cross with [their] own bodies, at
the four cardinal points, they were turning [their] heads; after [they] formed the cross, they blindfolded
[them], they untied [their] feet and [made them] cross the river, they took [them] to another place,
when [they] got there, they took [their] blindfolds off, [he] could see that there were other men there.”
Afterwards, “they shone a very blue light in [his] face and they told [him] in a shrill voice to look at the
light.”.” Then, “they blindfolded [him] and dragged [him]; they leaned on [his] shoulders and dropped
with his knees down on [his] stomach; c) At the 40th Battalion, “they continued to torture [them] while
beating [them] with sticks.” “At night, they took [them] to a room […], there they hit [them] again,
they put [them] in a vehicle […], they made [them] get down again, they threatened [them] again and
they piled up bags on [them] and they climbed on top […] of [them], they stuck their weapons in [their]
heads and took [them] away, [telling them] that they were taking [them] to jail.”.” Cf. Statement
rendered by Mr. Rodolfo Montiel Flores at the public hearing, supra note 177.
190
Cf. Physicians for Human Rights- Denmark. The case of Messrs. Cabrera and Montiel, supra
note 165, folios 8380 and 8341.
191
Cf. Expert opinion rendered by expert witness Juana Ma. Gutiérrez Hernández at the public
hearing, supra note 162.
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