46
that are exhibited, but with a focus on the medical-legal documentation and it is then
when the guidelines set by the international standards to document torture must be
complied with. To summarize, the fifteen medical certificates were prepared only to
162
certify the physical integrity [of the victims] and not to document torture.”
119.
Said expert opinion coincides with what was put forward by the State itself,
according to which there exists a difference with “[a]nother type of intervention
that the forensic physician carries out in Mexico, […] regarding an expert opinion
on physical torture, whose investigation and documentation guidelines are found in
Agreement A/057/2003, in force since the month of September 2003 due to the
Contextualization of the Istanbul Protocol […] in the country. This medical
intervention, in order to be carried out, like all the others carried out by the
forensic physician, requires an express and written request on the part of the
requesting judicial and/or ministerial authority and the conditions for its
application.”
120.
Therefore, the Court concludes that, taking into account its purpose, the
14 medical certificates mentioned are not sufficient, by themselves, to stablish a
foundation on the rejection or acceptance of the allegations of torture in the instant
case. Nevertheless, regarding the possible violation to the right to humane
treatment [personal integrity], the Court highlights certain medical certificates,
such as the one issued on May 15, 1999, in which it was certified the presence of
bruises that were allegedly the result of the blows received by Messrs. Cabrera and
Montiel during their detention163 or the certificate issued on June 4, 1999, in which
it was sustained that the injuries had been produced approximately 30 days
before.164
1.3.
Expert opinions specifically aimed to verify the alleged acts of torture
121.
The Court notes that on July 29, 2000, when the victims were already at
the Social Rehabilitation Center of Iguala, Dr. Christian Tramsen and Dr. Morris
Tidball-Binz, on behalf of the “Physicians for Human Rights – Denmark”
Organization, carried out a medical assessment specifically aimed at determining
whether Messrs. Cabrera and Montiel had been victims of torture. This expert
opinion was issued more than one (1) year after the arrest of Messrs. Cabrera and
Montiel.165 Thus, they concluded that “[t]he physical results conclusively coincide
with the statements regarding the time and the methods of the torture suffered [by
162
Cf. Expert opinion rendered by expert witness Juana Ma. Gutierrez Hernandez at the public
hearing conducted in the instant case.
163
Cf. Coddehum, Detailed Affidavit of May 15,1999, supra note 153, folios 4006 to 4007.
164
Cf. Medical certificates of the psychophysical condition and injuries of June 4, 1999, supra note
154, folios 2053 to 2056.
165
The expert opinion was presented within the framework of the proceeding instituted by the
victims in which they specifically denounced the alleged acts of torture committed against them.
According to what is stated in the report, Dr. Tramsen and Dr. Tidball-Binz carried out the respective
medical interview with Messrs. Cabrera and Montiel “in the reception hall of the prison director’s office
[…]. The physical examination [was allegedly] performed in complete privacy in a neighboring room
used as a bathroom and a cellar that was sufficiently lit. [The alleged victims were allegedly] undressed
for the physical examination.”.” They also indicated that “[d]uring the interview and the examination,
Rodolfo Montiel and Teodoro Cabrera were completely conscious, and oriented in time, space, location,
and person, and both had a normal level of short and long-term memory. They adequately answered
the questions and responded coherently to important medical events. Nevertheless, in the case of
Teodoro Cabrera, his visual impairment allegedly influenced, as was expected, his observations and the
reconstruction of the events.”.” During the course of the public hearing, Dr. Tramsen added that this
examination was performed in conformity with the methodology established in the Istanbul Protocol and
by the International Rehabilitation Center of Tortured Victims. Cf. Physicians for Human RightsDenmark. The case of Rodolfo Montiel Flores and Teodoro Cabrera Garcia, Mexican farmers and
environmental activists, July 29, 2000 (record of annexes to the application, volume XIX, folios 8374 to
8383).
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