36
The witness reviewed a police report, an autopsy report and a photograph. The
forensic report showed asphyxia from hanging as the cause of death. The police
report indicated signs of torture. He considered that the victim received the
wounds before his death, because the grazes and bruises were on the face and
hands, and indicated torture. The documents were not consistent. There was
information suggesting that the bodies had been moved after death.
7.
Concerning Oscar Vásquez:
The witness reviewed the file on Mr. Vásquez, which stated that several days
after he was deprived of his liberty he bore signs of beatings on the chest and
back. He had grazes and bruises which, in the witness’ opinion, indicated
torture.
8.
Concerning Erik Leonardo Chinchilla:
The witness reviewed the autopsy report of February 17, 1988, in which the
cause of Mr. Chinchilla’s death was stated as penetrating wounds to the
cranium and thorax, produced by a firearm. He considered the report to be
deficient. He found no evidence of torture in the documents on Mr. Chinchilla,
only gunshot wounds.
9.
General conclusions:
The expert considered this case to reveal certain patterns or constants: two of
the victims sustained wounds with a cutting edge on the thorax, one on each
side, with penetration into the thorax and abdomen, puncturing the lungs,
heart and liver; two others had indentations from hanging and wounds on the
front of the left side of the neck; there were traces of indentations around the
victims’ wrists and of grazing and other lesions on the face. There were gaps in
the forensic report and a dearth of photographs. Signs of bruising or grazing
did not necessarily indicate torture, depending on the circumstances. All the
wounds visible in the photographs and recorded in the forensic reports were
consistent with torture.
m.
Report of Ken Anderson, Professor at the Faculty of Law at the
American University, Washington D.C., United States of America
The witness testified that he had worked in Guatemala with the B.I.E.N.
(Special Investigations and Narcotics Brigade) for nine months in 1987 in
connection with his work with the International Human Rights Law Group. It
was impossible to investigate human rights cases because the police could not
touch them, in addition to which the political will to pursue them was lacking.
The police acted under the direction of the examining magistrate or the judge
in charge of the investigation. In cases where human rights violations were
denounced, judges acted with great caution. In private conversations he had
with several of them, they told him that fear was widespread and that they
were not willing to investigate human rights cases. The judges did not possess
the facilities for implementing habeas corpus, particularly when it meant going
into military bases or police detention centers.
The military authorities
responded in writing without supplying any useful information. People were
afraid and therefore reluctant to testify. There had been a number of cases in
which policemen and soldiers were prosecuted, but virtually all of them
concerned corruption rather than human rights violations.
The 1985
Constitution did not facilitate the trial or sanction of security agents guilty of
human rights violations.