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In medicine, no examination to establish the seriousness of a person’s condition has
to be extensive; “the simpler [,…] more concrete and faster, the more that life can
be saved. We cannot risk making an extensive report [on] the patient’s life.” The
detention center does not have the technical equipment to ascertain whether there is
an ulcer. However, he did not deem it necessary to request that Daniel Tibi be
transferred to a health center to conduct the necessary examinations, because he did
not tell him that he had a stomach ulcer.
The report on Mr. Tibi and the subsequent assessment were sent to the judge in
charge of the case the same day he was examined. He issued no recommendation
or medical treatment for the inflammatory and infectious processes, because forensic
physicians cannot take this kind of steps, but only report to whoever issued the
request. The only recommendations he made at the time were for Mr. Tibi to be
seen by two specialists, one a dermatologist and the other a traumatologist. He felt
that the assessment by a traumatologist was necessary in regards to Mr. Tibi’s
problems with his lower left extremity. He did not deem an assessment by a
neurologist necessary, because there were no latent neurological pathologies or
problems. He did not deem that the injuries to the left malar bone and the eye and
cheekbone were severe, because he considered it to be a facial asymmetry, a
deformity.
The causes that he mentioned regarding Mr. Tibi’s injuries, and which are in the
report, were that the left facial asymmetry was caused by a hard, contusive object,
and that the injuries described in the thorax and the extremities were dermatological
in nature. The “hard, contusive object” could have been a heavy object that hit the
body surface, or the body surface could have hit an inanimate surface. He could not
establish the cause of the dermatological problems, but based in the reference made
he deemed that they could have been caused by insects.
He was not knowledgeable about the Istanbul Protocol, United Nations manual for
the investigation and documentation of torture and other cruel, inhuman or
degrading treatment or punishment. He was also unaware of previous medical
examinations of Daniel Tibi and of his medical history, and he conducted no
psychological or psychiatric studies, as the judge did not ask him to assess whether
he had been tortured, but merely requested a forensic medical assessment to
establish whether he should be taken to a health clinic.
During the twenty-four years that he worked as a forensic physician for the police
and nineteen as a forensic doctor for the forensic medical service, he has never
reported the existence of injuries due to torture, as it is the judge who decides this
based on the expert report supplied by the physicians and their recommendations.
In his professional work, he has never had the opportunity or been forced to report
cases of torture in the detention center, since due to the nature of his functions he
only acts when the authorities require that he conduct assessments.
d)
Expert opinion of Carlos Martín Beristain, who has a licentiate
degree in medicine and surgery and is a specialist in care for
victims of torture, human rights violations, and other forms of
violence
He assessed the torture that Mr. Tibi was subjected to and its respective physical and
psychological consequences. He analyzed the reports of the medical examinations
conducted on him during his detention and those conducted after his release. In the
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