e) the examination performed on November 28, 2002, stated that although Reyes Alpízar referred
to pain in the anterior thorax, he had no “apparent bodily injuries” and had no “signs of external
injuries”; and f) the examination performed on December 4, 2002, showed similar results to those
carried out on November 28 (supra paras. 90 and 91).
207.
This Court notes that a few years later, in a report dated November 7, 2007, a medical
expert indicated that Reyes Alpízar had been a victim of torture and that there was “a strong
connection between the physical and psychological evidence that correlates with what was
reported by the victim, which shows that the injuries suffered by Reyes Alpízar Ortiz were caused
by the traumas described by him and that he was subjected to severe psychological pressures.”
The expert found a number of injuries that should have been reported but were not recorded or
were minimized, and whose sequelae persist. He also noted various irregularities in the reports,
including an emergency hospital admission on October 29, 2002, which was not recorded (supra
para. 92).
208. In addition, CODHEM carried out a medical examination of Reyes Alpízar on December 11,
2007, and concluded that “from a forensic medical point of view, there are no technical or medical
elements that allow us to prove or rule out the allegations made by the victim” (supra paras. 94).
209. Likewise, a medical report dated May 8, 2008, performed by the medical expert of the
Tlalnepantla Deputy District Attorney’s Office, who had inspected Reyes Alpízar during his arraigo,
contrasted the allegations with medical certificates issued during the arrest and arraigo and a
physical examination carried out in February 2008, and concluded that Reyes Alpízar had injuries
“from the moment of his arrest and during his arraigo. These injuries had disappeared as of
November 7.” In addition, two PGJEM psychologists concluded that “no signs or symptoms of posttraumatic stress or depression, or of any psychological disorder characteristic of torture cases,
were detected in Reyes Alpízar Ortiz.” (supra para. 93).
210. In view of these contradictions, on June 5, 2008, the Fifth Criminal Court of First Instance
ordered the appointment of third party experts. Accordingly, two psychologists examined Reyes
Alpízar. The examination of the first expert psychologist concluded that Reyes Alpízar presented
“signs and symptoms characteristic of post-traumatic stress disorder (PTSD), lasting personality
changes, general depression and anguish […which] undoubtedly correspond to cruel and inhuman
treatment and punishment typical of torture.” The second psychologist indicated that “he presents
signs and symptoms of post-traumatic stress disorder of the torture type.” Finally, on February
17, 2010, a third expert indicated that he did not find “technical or scientific elements to support
the existence of physical torture on the body of Reyes Alpízar Ortiz” (supra para. 95).
211. The Court notes that, since his arrest, Reyes Alpízar has undergone numerous medical and
psychological examinations (the State indicated that there were 54 medical examinations), and
that several of them are contradictory. Thus, while some of the examinations performed concluded
that he was subjected to torture or appeared with injuries that he did not have at the time of his
arrest, others refer to injuries that predated his detention. Similarly, some psychological
assessments indicate that he has post-traumatic stress disorder due to cruel and inhuman
treatment and punishment characteristic of torture, while others affirm the opposite (supra para.
95).
212. For this Court, it is evident that the State has not provided a plausible and satisfactory
explanation to resolve these contradictions between the examinations carried out and the
testimony of Reyes Alpízar denouncing the mistreatment to which he was allegedly subjected. The
fact that Reyes Alpízar was under the total control of State authorities during the period in which
these contradictions in the examinations occurred is even more relevant when analyzing the
State’s responsibility. The Court also notes that some of the results of the medical examinations
are consistent with the statements made by Reyes Alpízar, who indicated from his first statement
that he had been subjected to mistreatment and coercion to obtain his confession for his alleged
participation in the murder of the mayor. Therefore, it is not surprising that Reyes Alpízar signed
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