centimeters,” “bleeding greater omentum vessels,” and “hepatic trauma G-1 in segment VI.”47 According to another medical report of December 11, 2000, prepared by Roosevelt Hospital’s Surgical Unit, Mr. Ruiz Fuentes was “brought in by firemen with a story of having been beaten” and had “numerous abdominal injuries and contusions, abdomen swollen and painful to the touch.”48 49. Owing to his injuries, Mr. Ruiz Fuentes had to undergo emergency surgery to perform a “resection of a segment of the transverse colon and loop colostomy,”49 and he remained in hospital for 13 days.50 On August 18, 1997, the patient was discharged and given an appointment on January 8, 1998, for the colostomy to be closed.51 However, Mr. Ruiz Fuentes did not attend this appointment.52 Finally, in February 1998, he was operated on to close the colostomy. 53 50. The State’s version of the facts relating to the injuries suffered by Mr. Ruiz Fuentes is contradictory to his version. On April 29, 1998, he made a statement before the Eighth Criminal Trial Judge54 in which he indicated that, on the day he was captured, around 4 p.m., he was driving a car with his co-defendant, J.M.M.R., in an area known as Bosques de San Nicolás, when they were intercepted by three vehicles. Mr. Ruiz Fuentes indicated that, at the moment of their capture, unknown individuals “began to beat [his] stomach and ribs and put [him] in a car and hit [him] with a stick that had something like a sponge because [he] only felt pain inside and as a result of this they burst [his] intestine so that [he] had to wear a colostomy bag for seven months.”55 Consequently, during the said procedure, Mr. Ruiz Fuentes’ lawyer asked “that an investigation be conducted by the corresponding authority into the reported acts that constitute a crime of torture under article 201(b) of the Criminal Code.”56 During the oral trial held on April 20, 1999, Mr. Ruiz Fuentes reiterated his statement57 and provided a series of x-rays to prove the injuries he had suffered.58 Also, his co-defendant, J.M.M.R., stated before the judicial authorities that, on the day of the capture, he was in a car with Mr. Ruiz Fuentes returning from the Bosques de San Nicolás, when they “were intercepted by a car from which two armed men descended and suddenly another vehicle stopped behind [them] and made [them] get out of the car.”59 Cf. Medical report No. 492-484 issued by Roosevelt Hospital on December 9, 1997 (evidence file, folio 15). See also, Report of the resident doctor of the Surgical Unit of Roosevelt Hospital of January 20, 1998 (evidence file, folio 17). 48 Cf. Medical report of the Surgical Unit of Roosevelt Hospital of December 11, 2000 (evidence file, folio 21). 49 Cf. Report of the resident doctor of the Surgical Unit of Roosevelt Hospital of January 20, 1998 (evidence file, folio 17). 50 That is, from the time he was admitted on August 6, 1997, until he was discharge on August 18, 1997. Cf. Report of the resident doctor of the Surgical Unit of Roosevelt Hospital of January 20, 1998 (evidence file, folio 17). 51 Cf. Report of the resident doctor of the Surgical Unit of Roosevelt Hospital of January 20, 1998 (evidence file, folio 17). 52 Cf. Report of the resident doctor of the Surgical Unit of Roosevelt Hospital of January 20, 1998 (evidence file, folio 17). See also, Report of the Forensic Medicine Department addressed to the Eighth Trial Court for Drug-trafficking and Environmental Crimes of Guatemala of February 13, 1998 (evidence file, folio 19). 53 Cf. Medical report of the Surgical Unit of Roosevelt Hospital of December 11,2000 (evidence file, folio 21). 54 Cf. Statement made by Mr. Ruiz Fuentes before the Eighth Trial Judge for Drug-trafficking and Environmental Crimes on April 29, 1998 (evidence file, folios 8 to 13). 55 Cf. Statement made by Mr. Ruiz Fuentes before the Eighth Trial Judge for Drug-trafficking and Environmental Crimes on April 29, 1998 (evidence file, folio 11). 56 Cf. Statement made by Mr. Ruiz Fuentes before the Eighth Trial Judge for Drug-trafficking and Environmental Crimes on April 29, 1998 (evidence file, folio 12). 57 Cf. Record of hearing C-4-98. Statement made by Hugo Humberto Ruiz Fuentes during the oral and public trial hearings before the Sixth Sentencing Court for Drug-trafficking and Environmental Crimes on April 21, 1999 (evidence file, folios 1142 and 1143). 58 Cf. Record of hearing C-4-98. Statement made by Hugo Humberto Ruiz Fuentes during the oral and public trial hearings before the Sixth Sentencing Court for Drug-trafficking and Environmental Crimes on April 21, 1999 (evidence file, folio 1143). 59 J.M.M.R. stated the following: “They were taken to the vehicle behind them […] the men put them in it; the men did not identify themselves or say why they were being arrested, and only said that it was they who were now being kidnapped; there were other individuals in the van, and they were made to lie face down on the floor and their eyes were covered with grey adhesive tape and also their hands; they were beaten and asked where those who had been kidnapped were. Some time later, they were taken to an unknown destination; they arrived and someone came and took off the tape and said that he was one of the kidnappers. Then they brought in Hugo Humberto Ruiz, who was unconscious, and they said it would be better to take him away because otherwise, he might die there.” Cf. Record of hearing C-4-98. Statement made by J.M.M.R. during the oral and public trial hearings before the Sixth Sentencing Court for Drug-trafficking and Environmental Crimes on April 21, 1999 (evidence file, folio 1141). 47 14

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